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Madras High CourtCRL OP/9388/2024dismissed

P.Sankari v. Inspector Of Police

2024-04-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN P.Sankari ... Petitioner Vs.

The Inspector of Police, All Women Police Station, Puducherry.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to transfer the investigation of case 02/2024 on the file of the respondent police to any other police of competent jurisdiction.

For Petitioner : Mr.Michael Amalraj For Respondent : Mr.M.V.Ramachandramurthy Additional Public Prosecutor(Pondy)

O R D E R

The petitioner herein, who made allegation against the husband and in-laws, has given a complaint which has been duly registered on 27.03.2024 by the respondent police for the alleged offence under Sections 323 and 498A r/w 34 IPC and Section 4 of the Dowry Prohibition Act, 1961. The very next day making vile allegations that the 1/4

investigation is not done properly, she has given a representation to the Deputy Superintendent of Police, Puducherry. Thereafter, she has approached this Court by filing a petition under Section 482 of Cr.P.C., on 10.04.2024 seeking direction to change the Investigating Officer. 2.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that soon after registering the complaint, the statement of witnesses been recorded, the accused been summoned under Section 41 A and the investigation is progressing and probation officer report is awaited.

3.

This Court from reading the complaint as well as the representation finds that the petitioner is not interested in getting a complaint been enquired, but only to harass made a vile allegations against the Investigating Officer. If such attitude is encouraged, no police officer will be able to discharge their duty without fear. This Court finds that the complaint of the petitioner is being properly investigated and progressing. The allegations are only with ulterior motive. In such circumstances, if the request to transfer the investigation is entertained, it would demoralize the officers to take up the investigation and conduct. 2/4

Hence this Criminal Original Petition is dismissed. 18.04.2024 Index : Yes/No rpl To 1.The Inspector of Police, All Women Police Station, Puducherry.

2.The Public Prosecutor (Pondy), High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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