← Library
Madras High CourtCRL OP/9760/2023disposed of

M.Kaviya v. Deputy Commissioner Of Police,

2023-05-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9760 of 2023 M. Kaviya ... Petitioner Vs.

1.The State Represented by Deputy Commissioner of Police, St. Thomas Mount, Chennai.

2.The State Represented by Inspector of Police, S-7, Madipakkam Police Station, Chennai

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation in Crime No.137 of 2023 pending on the file of the respondent to the file of any other competent investigation agency and pass orders.

For Petitioner : Mr.Selva Ganapathy For Respondents : Mr. Santhosh Government Advocate ( Crl Side)

ORDER

This petition has been filed to transfer the investigation concerned in Crime No.137 of 2023 pending on the file of the second respondent to any other competent investigation agency and pass orders.

2. The learned counsel for the petitioner would submit that the second respondent is not conducting proper investigation and ill treating the petitioner. Hence the petitioner has filed this petition.

3. The learned Government Advocate ( Crl Side) appearing for the respondent submitted that F.I.R has been registered and investigation has been started.

4. It is also seen from records that the F.I.R was registered on14.04.2023 for the offences under Section 323 and 379 of I.P.C and the investigation has been started. Hence at this stage, investigation cannot be transferred.

5. In view of the above, the second respondent is directed to complete the investigation in Crime No.137 of 2023 and file a final report within a period of four weeks from the date of receipt of a copy of this Order.

6. With the above direction, this Criminal Original Petition is disposed of.

04.05.2023 Index:Yes/No Internet: Yes/No smn/kmm To 1.The Deputy Commissioner of Police, St. Thomas Mount, Chennai.

2.The Inspector of Police, S-7, Madipakkam Police Station, Chennai.

3.The Additional Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J.

smn Crl.O.P.No.9760 of 2023 04.05.2023