P.Loordu Mary v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.20837 of 2020 P.Loordu Mary

...Petitioner

.Vs.

1. The Commissioner of Police, Vepery, Chennai 600 003.

2. The Deputy Commissioner of Police, Adyar District, Chennai 600 020.

3. The Assistant Commissioner, Saidapet Range, Saidapet, Chennai 600 015.

4. The Inspector of Police, J-1, Saidapet Police Station, Saidapet, Chennai 600 015.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the pending investigation in Crime No.1377 of 2020, to any other investigating agency for true and proper investigation pending on the file of the 4th respondent/complainant for the petitioner's complaint dated 14.10.2020.

For Petitioner : Mr.R.Thanjan For R1 to R3 : Mr.M.Mohamed Riyaz Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking for transferring the pending investigation in Crime No.1377 of 2020 from the file of the 4th respondent to any other investigating agency.

2. Heard Mr.R.Thanjan, learned counsel for petitioner and Mr.M.Mohamed Riyaz, learned Addl. Public Prosecutor appearing for the respondents.

3. It is seen from the records that there is a case and counter in Crime No.1376 of 2020 and 1377 of 2020 and both the FIRs are investigated by the 4th respondent police. It is brought to the notice of this Court that even when the bail petition was filed before this Court, a report was sought for from the Assistant Commissioner and the same was filed before this Court with regard to the progress of the investigation. The grievance of the petitioner is that the 4th respondent has not effectively conducted the investigation and a false case has been foisted against the petitioner and her sons and there is also a life threat to the petitioner and her son. Therefore the petitioner is seeking for transfer of the investigation.

4. Taking into consideration the facts and circumstances of the case, it will be appropriate to issue a direction to the 3rd respondent namely, the Assistant Commissioner, Saidapet to monitor the investigation conduced by the 4th respondent. The 4th respondent shall proceed further with the investigation in both the case and counter case and shall complete the investigation as expeditiously as possible duly monitored by the 3rd respondent. In any event, the investigation shall be completed within a period of three months from the date of receipt of a copy of this order and final report shall be filed before the appropriate Court.

5. In the result, this Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msr To

1. The Commissioner of Police, Vepery, Chennai 600 003.

2. The Deputy Commissioner of Police, Adyar District, Chennai 600 020.

3. The Assistant Commissioner, Saidapet Range, Saidapet, Chennai 600 015.

4. The Inspector of Police, J-1, Saidapet Police Station, Saidapet, Chennai 600 015.

5. The Public Prosecutor, High Court of Madras,Chennai.

+1cc to Mr.R.Thanjan, Advocate, S.R.No.458 Crl.O.P.No.20837 of 2020 rr ii (27/01/2021)