G.Vimala, 33 Yrs, v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.27131 of 2017 G.Vimala W/o.Gunasekar .. Petitioner Vs The State rep. by 1.The Director General of Police Police Head Quarters Radhakrishnan Road, Mylapore Chennai.

2.The Commissioner of Police Commissioner Office Vepery, Periyamedu Chennai.

3.The Inspector of All Women Police All Women Police Station Tambaram, Chennai.

.. Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., praying to order enquiry and investigation into the above matter by a suitable IPS Officer of an independent agency like C.B.C.I.D or C.B.I or any other appropriate agency with a direction to change of investigation on the petitioner complaint dated 17.11.2017 in crime No.34/2017.

For Petitioner : Mr.K.Jayakumar For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to a direction to change the investigation on the petitioner's complaint dated 17.11.2017 in Crime No.34/2017 to C.B.C.I.D or C.B.I.

2. On the complaint lodged by the petitioner, the Inspector of Police, All Women Police Station, registered a case in Crime No.34 of 2017 on 17.11.2017 under Sections 406, 420, https://hcservices.ecourts.gov.in/hcservices/

384 and 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002 against one Gunasekaran and his wife Manju.

3. Since the petitioner was not satisfied with the progress of the investigation, he has filed the present petition for transferring the investigation to the C.B.C.I.D / C.B.I. During the pendency of this petition, the Inspector of Police, All Women Police Station has completed the investigation in Crime No.34 of 2017 and has filed a closure report, closing the case as "mistake of fact". The closure report has been filed before the Judicial Magistrate, Tambaram.

4. In such view of the matter, this is not a fit case to transfer the investigation to the C.B.C.I.D. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS IX) //True copy// Sub Assistant Registrar mk To 1.The Director General of Police Police Head Quarters Radhakrishnan Road, Mylapore Chennai.

2.The Commissioner of Police Commissioner Office Vepery, Periyamedu Chennai.

3.The Inspector of All Women Police All Women Police Station Tambaram, Chennai.

4.The Government Advocate (Crl.Side) High Court, Madras.

+2cc to Mr.K.Jaya Kumar, Advocate SR.No.24242 CRL.OP.No.27131 of 2017 GN(10/04/2018) https://hcservices.ecourts.gov.in/hcservices/