Sanjeevi v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.OP.NO.19990 OF 2021 Sanjeevi ... Petitioner
Versus
1. The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri District, Krishnagiri.
2. The Deputy Superintendent of Police, Denkanikottai Circle, Krishnagiri District.
3. The Inspector Police, All Women Police Station, Denkanikottai Circle, Krishnagiri District, (Crime No.18/2021) ... Respondents PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation pending in Crime No.18/2021 on the file of 3rd Respondent and transfer to any other competent agency.
For Petitioner : Mr.R.Balaguruswamy For Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)
O R D E R
This Criminal Original Petition is filed to transfer the investigation pending in Crime No.18/2021 on the file of 3rd Respondent and transfer to any other competent agency.
2.The above said petition has been filed by the petitioner, who is the defacto complainant in Crime No.18 of 2021 and the above said Crime No.18 came to be registered by the third respondent for offence under Sections 5(I), 5(n), 5(j)(ii) and 6 of the POCSO Act.
3.The grievance of the petitioner is that the respondent/police are not conducting proper investigation. On the other hand, had pressurized the petitioner as well as the victim girl to withdraw the complaint against the accused. 4.The learned Government Advocate [Crl. Side] submits that the respondent police had promptly conducting the investigation. On registration of the F.I.R on 06.09.2021, immediately, the victim girl was produced for medical examination. Thereafter, she was produced before the Judicial Magistrate on 11.10.2021 and statement under Section 164 Cr.P.C has been recorded. 5.In this case, A1 viz., Kottaiyan, S/o Veerapan was arrested on 06.09.2021. He was taken to police custody and enquired. A2 viz., Rajkumar was arrested on 08.10.2021. Both A1 and A2 have been sent for medical examination.
In this case, investigation has been rightly conducted and the witnesses to the facts of the case have been examined, statements have been recorded and awaiting for medical records. It was found that during investigation, the victim girl was pregnant and the fetus has been taken for Forensic study, awaiting for medical report and forensic report. Thereafter, charge sheet would be filed. The respondent/police are taking appropriate action and final report is to be filed shortly.
6.This Court perused the case diary and found that the respondent/police are acting according to law and no interference is required. The apprehension of the petitioner is misplaced.
7.In view of the same, this Criminal Original Petition stands dismissed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ah/skr
To
1. The Superintendent of Police, Office of the Superintendent of Police, Krishnagiri District, Krishnagiri.
2. The Deputy Superintendent of Police, Denkanikottai Circle, Krishnagiri District.
3. The Inspector Police, All Women Police Station, Denkanikottai Circle, Krishnagiri District, (Crime No.18/2021)
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Balaguruswamy, Advocate, S.R.No.56157 Crl.OP.No.19990 of 2021 RLD(CO) PM/17/11/2021