Madras High CourtCRL OP(MD)/137/2022disposed of

Sarumathi v. The Superintendent Of Police

2022-02-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.137 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.137 of 2022 Sarumathi ... Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Thuvakkudi Police Station, Trichy District.

3.Gnanavel ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to issue a direction, directing the first respondent to transfer the investigation in Crime No.543 of 2021 on the file of the second respondent to any other officer not below the rank of Inspector to conduct investigation in accordance with law and file final report.

For Petitioner : Mr.T.Lenin Kumar For R1 and R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 1 and 2. 2.The petitioner seeks transfer of investigation. When the matter was taken up for hearing, it was submitted that final report has already been filed against the accused for the offence under Section 294(b) of IPC alone. If the petitioner is not satisfied about the same, the petitioner shall file a protest petition before the jurisdictional Court. After hearing the petitioner, the jurisdictional Court will take a call in the matter on merits and in accordance with law. It is not necessary that the petitioner should be served with RCS notice. The petitioner can directly file a protest petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.137 of 2022 3.The Criminal Original Petition is disposed of, accordingly. Sd/- Assistant Registrar (A.D II) // True Copy // / /2022 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.VI, Trichirappalli.

2.The Superintendent of Police, Trichy District, Trichy.

3.The Inspector of Police, Thuvakkudi Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.137 of 2022 03.02.2022 RS(26.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2