Nabeen Penazir, Aged 22 Years v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.10.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.KALAIYARASAN Crl.O.P.No.22796 of 2016 Nabeen Penazir .. Petitioner Vs.

1.The Inspector of Police, All Women Police Station, Nannilam, 2.The Superintendent of Police, Thiruvarur, .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to transfer the investigation agency from the 1st respondent to CBCID, Thiruvarur in Crime No.5 of 2016 on the file of the 1st respondent herein.

For Petitioner : Mr.R.Prabaharan For Respondents : Mr.C.Emalias, APP

O R D E R

This Criminal Original Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 praying to transfer the investigation in Crime No.5 of 2016 from the file of the 1st respondent herein to CBCID, Thiruvarur.

2. Heard both sides.

3. Learned counsel for the petitioner submits that a case was registered on the basis of the complaint given by the petitioner on 26.08.2016 in Crime No.5 of 2016 under Section 417 IPC and the same was subsequently, altered to Section 417 and 376 IPC. Though the offence under Sections 406 and 506[ii] IPC are made out, those Sections are not included and no effective

investigation has been done in this case. Therefore, the petitioner has come forward with this petition seeking direction to transfer the investigation agency from the file of the 1st respondent to CBCID.

4. Learned Additional Public Prosecutor submits that though originally, case was registered under Section 417 IPC, on the basis of the subsequent statement recorded, Sections were altered to 417 and 376 IPC and investigation has been in progress. He further submits that there is no need for change of investigating agency.

5. From the submissions of both sides, it is clear that the case originally registered for an offence under Section 417 IPC was subsequently altered to 417 and 376 IPC on the basis of the subsequent statement given by the petitioner. The complaint is dated 13.08.2016. The only grievance of the petitioner is that the accused has not yet been apprehended by the Police.

6. Considering the progress made in the investigation by the 1st respondent-Police and also the facts and circumstances of this case, the 1st respondent is directed to expedite the investigation in Crime No.5 of 2016 and file final report in accordance with law. This Court is of the view that there is no need to transfer the case to any other investigating agency. With the above direction, this Criminal Original Petition is disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar gya To 1.The Inspector of Police, All Women Police Station, Nannilam,

2.The Superintendent of Police, Thiruvarur, 3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Prabhaharan Advocate sr 58073 Crl.O.P.No.22796 of 2016 nml(co) aa02/11/2016