K.Priya v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2021 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.22826 OF 2021 K.Priya

...Petitioner

Versus

1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.The Inspector of Police, AWPS Thirumangalam Police Station, Anna Nagar, Chennai.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the first respondent herein to transfer the pending investigation in Crime No.22 of 2021 on the file of the second respondent and transfer the same to CBCID under the first respondent and investigate the case in accordance with law. For Petitioner :

Mr.K.Rahul For Respondents :

Mr.R.Vinothraja Government Advocate [Crl. Side]

O R D E R

This Criminal Original Petition has been filed to direct the first respondent herein to transfer the pending investigation in Crime No.22 of 2021 on the file of the second respondent and transfer the same to CBCID under the first respondent and investigate the case in accordance with law.

2.The grievance of the petitioner is that on a complaint of the petitioner dated 19.08.2021, a case in Crime No.22 of 2021 for offence under Sections 9(l), 9(n) and 10 of POCSO Act came to be registered. Thereafter, no action has been taken. The Investigating Officer in this case seems to be more receptive to the accused than to the petitioner/ defacto complainant. Hence she had filed a petition seeking transfer of investigation. She further submitted that the Investigating Officer had been transferred to some other place and a new Investigating Officer https://hcservices.ecourts.gov.in/hcservices/

conducted investigation and the accused has been arrested in this case.

3.The learned Government Advocate [Crl. Side] submits that the present Investigating Officer, who took charge of the case had arrested the accused and investigation is in progress. Further he undertakes to file a final report in this case, within a period of three months.

4.The apprehension of the petitioner is that the accused is a powerful and influential person.

5.Considering the submissions and on perusal of materials, this Court finds that it would be appropriate that the case is to be monitored by the Assistant Commissioner of Police, Thirumangalam, Chennai. In view of the same, the Assistant Commissioner of Police, Thirumangalam, Chennai is directed to monitor the case periodically.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar ah To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 600 007.

2.The Inspector of Police, AWPS Thirumangalam Police Station, Anna Nagar, Chennai.

3.The Assistant Commissioner of Police, Thirumangalam, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Thenrajan, Advocate SR.No.65037 CRL.O.P.No.22826 of 2021 KG(CO) RVM(17/12/2021) https://hcservices.ecourts.gov.in/hcservices/