Surendra Kumar Malick v. The State Rep.By

M.NIRMAL KUMAR, J.

The petitioner is an Advocate, who became friendly with one Pradeep Kumar. They both became friends through Facebook. Later their relationship blossomed into a love affair and continued with physical relationship. When the marriage proposal was mooted by the defacto complainant/petitioner herein, the same was rejected by the said Pradeep Kumar stating that the defacto complainant/petitioner belonged to the Scheduled Case community, which is not acceptable. Thereafter, a complaint was lodged, but no action taken. The respondent police are in complacence with the said Pradeep Kumar and his family members. In view of the complacence, Praveen Kumar-brother of the Pradeep Kumar, Sister of the Pradeep Kumar were granted bail without affording opportunity to the defacto complainant/petitioner. Under SC/ST Act notice ought to be served on the victim and the victim to be heard. Aggrieved against the same, the petitioner filed an appeal in Crl.A.No.427 of 2021 before this Court and this Court by order dated 01.10.2021, had dismissed 1/4

the bail granted to A2 and A3 and further directed the respondent police to secure A1 to A3. This being the case, no action has been taken. Hence, this Criminal Original Petition is filed seeking transfer the investigation in FIR No.10 of 2020 dated 03.09.2020 from the file of the third respondent to CBI or CBCID Police or any other agency.

2.The learned Additional Public Prosecutor submits that in this case Pradeep Kumar and the defacto complainant/petitioner herein got married and their marriage, registered on 05.02.2020. Investigation in this case is conducted by the Assistant Commissioner of Police, Avadi on the directions of the Joint Commissioner of Police, South. A2 and A3 in this case were arrested and remanded, thereafter bail has been granted. As regards A1 he had gone to Pune, pursuant to his job. A1 was called for enquiry and he is giving various reasons and steps are taken to secure him. 3.It is also submitted that the victim/petitioner was granted compensation on the request of the respondent police. The respondent police are taking earnest steps in conducting a fair investigation and to complete the investigation, within a short period. He further submitted that aggrieved against the said order passed by this Court in Crl.A.No.427 2/4

of 2021 on 01.10.2021, SLP Crl.No.7877 of 2021 has been preferred by A2 and A3, stay has been granted by the Hon'ble Apex Court on 22.10.2021. In view of the same, the learned Additional Public Prosecutor seeks time to file his status report and to produce the Apex Court Order. 4.At request, post the matter on 22.11.2021, for filing status report. 10.11.2021 ah 3/4

M.NIRMAL KUMAR, J.

ah 10.11.2021 4/4