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Madras High CourtCRL OP/28226/2015disposed of

D.Hemalatha v. The Superintendent Of Police

2015-11-24Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28226 of 2015 D.Hemalatha ... Petitioner Vs 1.The State, rep. by The Superintendent of Police, O/o.Superintendent of Police, 2.The Sub Inspector of Police, Arni Town Police Station, Arni, Thiruvannmalai District.

3.The Deputy Superintendent of Police, District Crime Branch, O/o.The Superintendent of Police, ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to withdraw the Crime No.187 of 2015 on the file of the second respondent and transfer the same to the third respondent and direct the third respondent to investigate the same. For Petitioner :

Mr.R.Amardeep For respondents :

Mr.C.Emalias, Addl. Public Prosecutor.

ORDER

The present criminal original petition has been filed by the petitioner to withdraw the case in Crime No.187 of 2015 pending on the file of the second respondent and transfer the same to the file of third respondent and direct the third respondent to investigate the same.

2. The petitioner is a differently abled women. Earlier, she has lodged a complaint with the second respondent police as against one Thilagavathi, the Village Panchayat President and her husband Selvaraj and the same was registered in Crime No.187 of 2015 for the

offence punishable under Section 3 of TNPPD Act. Now, it is the case of the petitioner that the second respondent is not properly conducting investigation in the said complaint and he is trying to help the accused persons. Hence, the present petition.

3. I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor.

4. Keeping the submissions made on either side, I have carefully gone through the entire materials available on record and I find that absolutely no case has been made out by the petitioner warranting this Court to transfer the investigation and only a bald and vague statement was made in the petition as against the second respondent. Therefore, I am not inclined to transfer the case in Crime No.187 of 2015 pending on the file of the second respondent to the file of the third respondent.

5. In fine, the criminal original petition is dismissed. However, the second respondent is directed to expedite the investigation in Crime No.187 of 2015 and complete the same as early as possible and the concerned Deputy Superintendent of Police is directed to monitor the investigation.

sbi Sd/- Assistant Registrar (Judicial) /TRUE COPY/ Sub-Assistant Registrar To 1.The Superintendent of Police, O/o.Superintendent of Police, 2.The Sub Inspector of Police, Arni Town Police Station, Arni, Thiruvannmalai District.

3.The Deputy Superintendent of Police, District Crime Branch, O/o.The Superintendent of Police, Crl.O.P.No.28226 of 2015 AD(CO) SD 15/12/2015