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Madras High CourtCRL OP/1499/2016closed

Ahilaashree v. State Of Tamil Nadu

2016-01-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1499 of 2016 Ahilaashree ... Petitioner Vs State of Tamilnadu Represented by The Inspector of Police, All WomenPolice Station -W.1, St. Thomas Mount, Chennai - 600 016.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. seeking to transfer the investigation in CSR No.2432994 of 2015 dated 31.10.2015 from the respondent to any other women police officer.

For Petitioner :

Mr.Sureshsampath For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present criminal original petition has been filed to transfer the investigation in CSR No.2432994 of 2015 dated 31.10.2015 from the respondent to any other women police officer.

2. The marriage between the petitioner and one Mariappan had taken place on 31.08.2014 at Arulmigu Sri Kadakaaliswarar Kovil. Subsequently, after the marriage there was some dispute between the petitioner and her husband and her husband is harassing her demanding dowry. Hence the petitioner lodged a complaint against her husband on the allegation of cheating and dowry harassment. The respondent has assigned C.S.R.No. 2432994 of 2015 on the complaint of the petitioner. Thereafter, they have not chosen to enquire into the matter and they are lethargic in conducting investigation. Hence, the petitioner has come forward with the present criminal original petition to transfer the investigation.

3. I have heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondent.

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4. When the matter was taken up for consideration, the learned Additional Public Prosecutor submitted that on receipt of the complaint of the petitioner, C.S.R.No.2432994 of 2015 has been assigned and a detailed enquiry has been conducted on the said complaint and thereafter, the said complaint has been closed. He also produced a copy of the closure report.

5. In view of the submissions of the learned Additional Public Prosecutor, as the complaint given by the petitioner has already been closed, nothing survives in this petition.

6. Accordingly, this Criminal Original Petition is closed with liberty to the petitioner to work out his remedy under section 156(3) Cr.P.C. The respondent is directed to serve a copy of the closure report, within one week from the date of receipt of a copy of this Order.

vrc s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, All WomenPolice Station -W.1, St. Thomas Mount, Chennai - 600 016.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.Sureshsampath, Advocate SR 5363 nm(co) prk11/2 Crl.O.P.No.1499 of 2016 https://hcservices.ecourts.gov.in/hcservices/