N.V.Devi @ Devika v. The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2022
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.23038 of 2022 N.V.Devi @ Devika ... Petitioner Vs.
1.The Superintendent of Police, Thiruvarur District, Thiruvarur.
2.The Inspector of Police, Needamangalam Police Station, Thiruvarur District.
(Crime No.193 of 2008) 3.The Inspector of Police, District Crime Branch, Thiruvarur District.
... Respondents PRAYER: Criminal Original Petition filed under 482 of Cr.P.C., is filed to direct the first respondent to transfer the investigation in Crime No.193 of 20018 pending investigation on the file of the Inspector of Police, Needamangalam Police Station, the second respondent herein to the Inspector of Police, District Crime Branch, Thiruvarur, the third respondent herein.
For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.E.Raj Thilak, Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to transfer the investigation in Crime No.193 of 20018 pending investigation on the file of the Inspector of Police, Needamangalam Police Station, the second respondent herein to the Inspector of Police, District Crime Branch, Thiruvarur, the third respondent herein.
2. The learned counsel for the petitioner has submitted that the petitioner has already gave a complaint against the accused persons and the private complaint has also been received by the Judicial Magistrate, Needamangalam, in Crl.MP.No.4593 of 2013. As per the direction of the court, a case registered in Cr.No.193 of 2008 was closed as a mistake of fact. Upon the closure report, the petitioner filed a protest petition in Crl.MP.No.674 of 2021. In that protest petition, the learned Judicial Magistrate, on 17.06.2022, passed an order for further investigation in Cr.No.193 of 2008. Even after ordering for further investigation, the
respondent police have not taken any action as on date. Hence, the petitioner filed this petition as well as sent the representation to the first respondent/Superintendent of Police, Thiruvarur, to give a direction to appoint to any officer from the District Crime Branch, to conduct enquiry upon Cr.No.193 of 2008. Upon the representation of the petitioner, the first respondent has also not taken any action. Hence, he seeks a direction to the first respondent to appoint any Officer from the District Crime Branch, Thiruvarur, to investigate the case.
3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, has submitted that the representation of the petitioner to the first respondent with regard to appoint any one of the officer in District Crime Branch, Thiruvarur, to investigate the case in Cr.No.193 of 2008 is still pending before the first respondent.
4. Recoding the above said submission, the first respondent is hereby directed to take action upon the representation of the petitioner with
regard to the case in Cr.No.193 of 2008 and to take suitable action and direct District Crime Branch, to appoint any suitable officer to investigate the case and take action within a period of four weeks from the date of receipt of a copy of this order .
5. With the above observation, this Criminal Original Petition is disposed of. No costs.
Index : Yes/No 13.10.2022 Internet : Yes/No gv
To 1.The Superintendent of Police, Thiruvarur District, Thiruvarur.
2.The Inspector of Police, Needamangalam Police Station, Thiruvarur District.
(Crime No.193 of 2008) 3.The Inspector of Police, District Crime Branch, Thiruvarur District.
4.The Public Prosecutor, High Court, Madras.
V.SIVAGNANAM ,J.
gv Crl.OP.No.23038 of 2022 13.10.2022