Puvila v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Puvila ... Petitioner Vs.

1.The Superintendent of Police, Thiruvallur District, Thiruvallur 602 001.

2.The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to change the investigation officer to any other officer not below the rank of the Deputy Superintendent of Police in Crime No.16 of 2022 on the file of the second respondent.

For Petitioner : Mr.N.Suriyamuthu For Respondents : Mr.S.Santhosh, Government Advocate (crl.side)

ORDER

1/4

This Criminal Original Petition has been filed to change the investigation officer to any other officer not below the rank of the Deputy Superintendent of Police in Crime No.16 of 2022 on the file of the second respondent. 2.The learned Counsel appearing for the petitioner submitted that the petitioner is the second accused in the case registered in Crime No.16 of 2022 for the offences punishable under Sections 417, 420 and 506(2) of IPC. He would submit that in this case, the second respondent refused to receive the documentary evidences from the petitioner, which are relevant to prove the innocence of the petitioner. Hence, the present petition has been filed. 3.The learned Government Advocate (crl.side) for the respondents submitted that on the complaint given by one Kalaiselvi, a case has been registered against the petitioner/A2 in Crime No.16 of 2022 for the offences punishable under Sections 417, 420 and 506(2) of IPC and the investigation is under progress.

4. I have considered the matter in the light of the submissions made by the learned counsel for the petitioner and the learned Government Advocate (crl.side) for the respondents.

5. On perusal of records, it reveals that the petitioner is the second accused 2/4

in the case registered in Crime No.16 of 2022 for the offences punishable under Sections 417, 420 and 506(2) of IPC. The petitioner being an accused, without strong exceptional reason, she has no right at all for seeking transfer of investigating officer. Hence, I do not find any merits in this case. 6.Accordingly, this Criminal Original Petition stands dismissed. 19.10.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order shk To 1.The Superintendent of Police, Thiruvallur District, Thiruvallur 602 001.

2.The Inspector of Police, District Crime Branch, Thiruvallur, Thiruvallur District.

3.The Public Prosecutor, High Court of Madras.

V.SIVAGNANAM, J.

3/4

shk 19.10.2022 4/4