Santhakumari v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.07.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.31756 of 2019 Santhakumari, f/55 years, Wife of Natarajan, No.1/237, Bajanaikoil Street, Navaloor, Chennai 600 130 ... Petitioner Vs State rep. by The Inspector of Police, E9, Thazhambur Police Station, Kancheepuram District.

(Crime NO.644 of 2018) ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the case in Crime No.644 of 2018 on the file of the Inspector of Police,E9, Thazhambur Police Station, Kancheepuram District, to some other competent agency.

For Petitioner : Mr. G. Vinodh Kumar For Respondent : Mr. S. Karthikeyan Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed seeking a direction directing the respondent for transferring of the investigation in Crime No.644 of 2018 on the file of the respondent police to another investigation agency.

2. The learned counsel for the petitioner would submit that the petitioner was attacked by the accused persons and they poured acid on the petitioner's face . The respondent police has registered a case in Crime No.644 of 2018 only for the offence under Section 324 IPC instead of Section 307 IPC. He would further submit that though the case was registered against 3 accused persons, no one was arrested till date pertaining to the crime committed by them. Instead of that, the respondent police https://hcservices.ecourts.gov.in/hcservices/

has registered a case against the petitioner for the offence under Section 506(ii) IPC for the false complaint foisted against him.

3. The learned Additional Public Prosecutor would submit that on the complaint lodged by the petitioner, a case was registered in Crime No.644 of 2018 for the offences under Section 324 IPC and Section 4 of Women Harassment Act as against 3 accused persons. Investigation is yet to be completed.

4.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 5.

Considering the above submission made by the learned Additional Public Prosecutor, the respondent is directed to complete the investigation in Crime No.644 of 2018 pending on his file and file a final report within a period of 3 weeks from the date of receipt of a copy of this order. If any material is available for the offence under Section 307 IPC while interrogation, the respondent is directed to alter the First Information Report accordingly and complete the investigation and file a final report before the concerned Magistrate Court.

6. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //TrueCopy// Sub Assistant Registrar To

1. The Inspector of Police, E-9, Thazhambur Police Station, Kancheepuram District, Kancheepuram.

2. The Additional Public Prosecutor, High Court, Madras.

Crl.O.P.No.31756 of 2019 CP(CO) RV(01/09/2020) https://hcservices.ecourts.gov.in/hcservices/