Mrs.M.Sarala v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3148 of 2016 M.Sarala .. Petitioner/Defacto Complainant Vs.

1.The Sub Inspector of Police G3 Kilpauk Police Station, Kilpauk, Chennai - 600 010. ...Respondent/Complainant 2.M.Tharanikumar .. Respondent/Accused Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the investigation from the first respondent in Crime No.2199 of 2015 to any other competent investigation officer as may be decided by this Court.

For Petitioner : Mr.S.Ramajayam For Respondents : Mr.C.Emalias Additional Public Prosecutor (For R1)

ORDER

The petitioner has come forward with this petition seeking for a direction, to transfer the investigation in Crime No.2199 of 2015 from the first respondent to any other competent investigation officer.

2.The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case has been registered under Sections 341, 294(b), 324 of IPC and Section 4 of Tamil Nadu Women Harassment Act. He further submitted that the first respondent police has colluded with the accused and the investigation was not done in a right direction. Hence, he pray for transfer of investigation from the first respondent to any other investigation officer. 3.At this juncture, the learned Additional Public Prosecutor would submit that the first respondent police has investigating the matter and the charge sheet is ready, but the petitioner is not co-operating with the respondent police. He further submitted that because of previous enmity between both the parties, the alleged occurrence said to have taken place. https://hcservices.ecourts.gov.in/hcservices/

4.Considering the submission made by the learned Additional Public Prosecutor that investigation is over and also considering the gravity of offence, I am of the view that there is no necessity for transferring the investigation. However, the petitioner is directed to co-operate for investigation. The first respondent is also directed to complete the investigation and file a charge sheet within one month from the date of receipt of a copy of this order.

5.The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Sub Inspector of Police G3 Kilpauk Police Station, Kilpauk, Chennai - 600 010.

2.The Public Prosecutor High Court, Chennai.

+2cc to Mr.S.Ramajayam, Advocate, S.R.No.9243 Crl.O.P.No.3148 of 2016 vgi(CO) srg(24/02/2016) https://hcservices.ecourts.gov.in/hcservices/