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Madras High CourtCRL OP/24760/2016dismissed

S.Gunavathi, Aged 31 Years, v. The Superintendent Of Police,

2016-11-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2016

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.24760 of 2016 S. Gunavathi Petitioner Vs.

The Superintendent of Police Villupuram The Inspector of Police Varanjaram Police Station Villupuram District (Cr. No.15 of 2015) Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure seeking to transfer the investigation with respect to Cr. No.15 of 2015 pending on the file of the second respondent to any other investigating agency and direct to proceed with investigation. For petitioner Mr. R. Nalliyappan For respondents Mr. C. Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking the following relief:

"to transfer the investigation with respect to Cr.No.15 of 2015 pending on the file of the second respondent to any other investigating agency and direct to proceed with investigation."

It is seen that on the complaint lodged by the petitioner, the second respondent police registered a case in Cr.No.15 of 2015 under Sections 294(b), 323, 324 and 506(ii) IPC. While so, the petitioner filed Crl.O.P. No.9137 of 2015 before this Court for transfer of investigation and this Court passed the following order on 10.04.2015:

"It is seen that respondent police conducted enquiry in Cr. No.15 of 2015 and they have filed a closure report before the learned Judicial Magistrate, Kallakurichi on 05.03.2015 and RCS also has been served on the de facto complainant. Hence, this Criminal Original Petition is closed https://hcservices.ecourts.gov.in/hcservices/

with liberty to the petitioner to approach the concerned Magistrate."

Once again, the petitioner has filed the present Criminal Original Petition seeking transfer of investigation. In the considered opinion of this Court, the offences disclosed in the FIR do not warrant transfer of investigation. Hence, this Criminal Original Petition stands dismissed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar cad To The Superintendent of Police, Villupuram The Inspector of Police Varanjaram Police Station Villupuram District The Public Prosecutor High Court of Madras Chennai 600 104 1 cc to Mr.R. Nalliyappan, Advocate, Sr. 65241 Crl.O.P. No.24760 of 2016 LRS CO) kk 8/12 https://hcservices.ecourts.gov.in/hcservices/