V.Uma Devi v. The Joint Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.23156 of 2019 V.Uma Devi

...Petitioner/Defacto Complainant

Vs

1. The Joint Commissioner of Police, West Zone, Greater Chennai Police Commissionerate, Vepery, Chennai - 600007.

2. State by The Inspector of Police (Crime), T-5, Thiruverkadu Police Station, Chennai - 600077.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the 1st respondent to transfer the investigation from the 2nd respondent in Crime No.545 of 2019 to any other competent Police Officer to investigate the matter and submit the final report within a stipulated time fixed by this Court.

For Petitioner : Mr.V.Ramanareddy For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

This petition is filed for a direction to the 1st respondent to transfer the investigation from the 2nd respondent in Crime No.545 of 2019 to any other competent Police Officer to investigate the matter and submit the final report within a stipulated time fixed by this Court.

2. The grievance of the petitioner is that originally when the petitioner herein had made a complaint touching upon the same set of facts, the complaint came to be closed, where the Inspector of Police (Crime), attached to Thiruverkadu Police https://hcservices.ecourts.gov.in/hcservices/

Station, who is the 2nd respondent herein, stated that the enquiry has been conducted and closed in C.No.76 of 2019. Subsequently, the petitioner herein had given another complaint touching upon the same set of facts before the 1st respondent herein.

3. The learned counsel for the petitioner submitted that since the subsequent complaint dated 20.06.2019 has been referred to the 2nd respondent herein, who had earlier conducted the enquiry, he could not get substantial justice to the enquiry. As such, the petitioner seeks for transfer of investigation.

4. Today, when the matter was called, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that since the complaint was presented before the 1st respondent herein, the same was referred to the Inspector of Police (Law and Order) attached to Thiruverkadu Police Station. Since the present Investigation Officer is not the same person, who had earlier investigated the petitioner's complaint, the petitioner herein may not have any grievance.

5. In view of the aforesaid observations, no effective orders can be passed in the present petition. Accordingly, the Criminal Original Petition stands closed.

Sd/- Assistant Registrar(Insp cell) //True Copy// Sub Assistant Registrar hvk To

1. The Joint Commissioner of Police, West Zone, Greater Chennai Police Commissionerate, Vepery, Chennai - 600007.

2. The Inspector of Police (Crime), T-5, Thiruverkadu Police Station, Chennai - 600077.

3. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.23156 of 2019 BR(CO) CB(22/11/2019) https://hcservices.ecourts.gov.in/hcservices/