M.Sadiqua Arman v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.20040 of 2021 M.Sadiqua Arman
...Petitioner/Complainant
Vs.
1. The Superintendent of Police, Thirupathur, Thirupathur District.
2. The Inspector of Police, All Women Police Station, Ambur, Thirupathur District.
3. The Inspector of Police, CBCID, Vellore District.
...Respondents/Respondents
Prayer: This Criminal Original Petition had been filed under Section 482 of Criminal Procedure Code to transfer the case in Cr.No.6 of 2020 pending on the file of the Inspector of Police, All Women Police Station, Thirupathur District and to transfer the case to the third Respondent viz., The Inspector of Police, CBCID, Vellore District.
For Petitioner : Mr.N.Sudharsan For Respondents : Mr.L.Baskaran Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition had been filed to transfer the case in Cr.No.6 of 2020 pending on the file of the Inspector of Police, All Women Police Station, Thirupathur District to the third Respondent viz., The Inspector of Police, CBCID, Vellore District.
2.The learned Counsel for the Petitioner had already submitted his arguments. It is the submission of the learned Counsel for the Petitioner that she had preferred a complaint
to the All Women Police Station, Ambur, Thirupathur District. After registration of the case, the investigation had not proceeded. Therefore, the Petitioner had filed this Petition seeking transfer of the investigation to any independent agency.
3. The learned Government Advocate (Crl. Side) vehemently objected to the submissions of the learned Counsel for the Petitioner stating that investigation had been completed and final report also laid before the learned Judicial Magistrate, Ambur and the same was not taken on file. The case was posted to 24.06.2022 seeking remarks from the learned Judicial Magistrate, Ambur.
4.Today (i.e, on 24.06.2022) when the case came up for hearing the learned Government Advocate (Crl. Side) submitted that the final report of the investigation was taken cognizance by the learned Judicial Magistrate, Ambur for the offences under Sections 406, 420, 498(A) of I.P.C and Section 4 of the Dowry Prohibition Act and numbered as C.C.No.19 of 2022. 5.In the light of the above submissions made by the learned Government Advocate (Crl. Side), this Petition is dismissed. If the Petitioner had not satisfied with the investigation, she can approach the Court of the learned Judicial Magistrate, Ambur by filing an appropriate Petition seeking further investigation. On receipt of any Petition from the De-facto Complainant through her Counsel, the learned Judicial Magistrate, Ambur is directed to entertain the same and conduct enquiry as per provisions of the Cr.P.C and pass appropriate orders.
6. With the above direction this Criminal Original Petition is dismissed.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar tri To
1. The Superintendent of Police, Thirupathur, Thirupathur District.
2. The Inspector of Police, All Women Police Station, Ambur,Thirupathur District.
3. The Inspector of Police, CBCID, Vellore District.
4. The Public Prosecutor, High Court, Madras.
Copy To The Judicial Magistrate, Ambur.
+1cc to M/s.N.Sudharsan, Advocate, S.R.No.39496 Crl.O.P.No.20040 of 2021 PMK(CO) RGA(14/07/2022)