M.Raji v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.10.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.24184 of 2023 M.Raji ... Petitioner -vs1.The Commissioner of Police, Avadi Commissionerate, Chennai.

2.The Inspector of Police, All Women Police Station, Chennai District.

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to transfer the investigation of the case in Crime No.26/2023 on the file of the 2nd respondent to any other police officer in the rank of Deputy Superintendent of Police or any other agency.

For Petitioner : Mr.T.Arul For Respondents : S.Udaya Kumar Government Advocate (Crl.Side)

ORDER

The present petition is filed for transfer of investigation, alleging that the police is not properly investigating her complaint by arresting the suspected accused.

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Dr.G.JAYACHANDRAN, J.

2. Arrest of the accused is not necessary in the all cases. It is the discretion of the police that whether the custodial interrogation of a person is required at the pre trial stage. For that reason, this Court is not inclined to transfer this case to some other Agency.

3. Learned Government Advocate (Crl.Side) submits that the investigation has almost completed, parties have summoned under Section 41A and their statements have been recorded. The final report will be filed within 45 days.

4. Recording the same, this Original Petition is disposed of. 20.10.2023 Index : Yes/No rkp To 1.The Commissioner of Police, Avadi Commissionerate, Chennai.

2.The Inspector of Police, All Women Police Station, Chennai District.

3.The Public Prosecutor, Madras High Court, Madras.

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