Madras High CourtCRL OP/17630/2016dismissed

S.N. Binusha, Age 26 Years, v. The State Rep. By The Sub

2016-08-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.17630 of 2016 S.N.BINUSHA ..Petitioner Vs.

State by The Sub Inspector of Police, All Women Police Station, Kancheepuram.

..Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation with reference to petitioner's complaint dated 12.04.2016 from the respondent police to some other police with direction to conduct proper investigation and filing final report within a stipulated period.

For Petitioner : Mr.K.Nagarajan For Respondent : Mr.C.Emalias, Addl.Public Prosecutor

ORDER

This petition has been filed to transfer the investigation with reference to the petitioner's complaint dated 12.04.2016 from the file of the respondent police to some other police with direction to conduct proper investigation and file final report within a stipulated period.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that this petitioner has lodged a private complaint before the Judicial Magistrate, Kancheepuram, who has referred it under section 156 (3) Cr.P.C. to the Inspector of Police, All Women Police Station, Kancheepuram for enquiry.

4. The learned Additional Public Prosecutor submitted that the petitioner has lodged a complaint against her husband and in-laws, and the All Women Police Station have referred https://hcservices.ecourts.gov.in/hcservices/

the matter to the Social Welfare Officer, Kancheepuram for enquiry.

5. The learned counsel for the petitioner submitted that the Social Welfare Officer has enquired the complainant on 22.07.2016.

6. The learned Additional Public Prosecutor submitted that in this case, even FIR has not yet been registered and there is no question of transfer of a pending complaint.

7. Under such circumstances, this petition is dismissed with liberty to the petitioner to approach the Court after an FIR, if any, is registered.

gms/kmi Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, All Women Police Station, Kancheepuram 2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.K.Nagarajan, Advocate Sr 46392 KR/6/9/16 Crl.OP No.17630 of 2016 https://hcservices.ecourts.gov.in/hcservices/