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Madras High CourtCRL OP/9200/2019dismissed

Stella Bai v. Commissioner Of Police

2019-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9200 of 2019 and Crl.M.P.No.4886 of 2019 Stella Bai .. Petitioner Vs.

1.The Commissioner of Police, Greater Chennai Corporation, Vepary, Chennai 600 007.

2.The Deputy Commissioner of Police, Ambattur Police District, Avadi, Chennai.

3.The Inspector of Police, All Women Police Station, Poonamalli, Thiruvallore District.

4.R.P.Rabezha .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, directing the 1st and 2nd respondents to transfer the investigation in Crime No.3 of 2019, on the file of the Inspector of Police, All Women Police Station, Poonamallee, to any other competent authority to conduct a free and fair investigation. For Petitioner :

Mr.M.Raja Sekhar For R1 to R3 :

Mr.M.Mohamed Riyaz Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.3 of 2019, on the file of the Inspector of Police, All Women Police Station, Poonamallee, to any other competent authority to conduct a free and fair investigation. https://hcservices.ecourts.gov.in/hcservices/

2.It is seen that the petitioner is one of the accused seeking transfer of investigation, on the ground that, without any materials, the 3rd respondent altered the offence. Admittedly, the petitioner is arrayed as A3 and she cannot interfere with the investigation done by the investigating officer. Therefore, the prayer sought for in this petition cannot consider by this Court. 3.However, the 3rd respondent is directed to complete the investigation and file a final report within a period three months from the date of receipt of a copy of this order. If any offence registered by the 3rd respondent without any materials, the petitioner is at liberty to file an appropriate petition before the concerned Court.

4.Hence, this Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petition is closed. -sdAssistant Registrar /TRUE COPY/ Sub Assistant Registrar vv2 To 1.The Commissioner of Police, Greater Chennai Corporation, Vepary, Chennai 600 007.

2.The Deputy Commissioner of Police, Ambattur Police District, Avadi, Chennai.

3.The Inspector of Police, All Women Police Station, Poonamalli, Thiruvallore District.

4.The Public Prosecutor, High Court Madras.

+1 CC to M/S.M.RAJA SEKHAR Advocate SR.NO.41021/2019 Vv2 cm 21/06/2019 Crl.O.P.No.9200 of 2019 https://hcservices.ecourts.gov.in/hcservices/