← Library
Madras High CourtCRL OP(MD)/204/2024disposed of

S.Velammal v. The Superintendent Of Police

2024-01-08Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.204 of 2024 S.Velammal

...Petitioner / Defacto Complainant

Vs.

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

2. The Deputy Superintendent of Police, Sivakasi, Virudhunagar District, 3.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to transfer the investigation from the file of the 3rd Respondent to the Respondents 1 and 2 for conducting proper investigation in Crime No.265 of 2023 dated 09.08.2023 registered by the 3rd Respondent based on the Petitioner's representation dated 16.10.2023 and the 3rd Respondent's Communication No.m.jp.f.vz;.[p3/50047/8580/2023 dated 30.10.2023 and to file the final report within the period stipulated by this Court. 1/4

For Petitioners : Mr.G.Radhakrishnan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to transfer the investigation from the file of the 3rd Respondent to the Respondents 1 and 2 for conducting proper investigation in Crime No.265 of 2023 dated 09.08.2023 registered by the 3rd Respondent based on the Petitioner's representation dated 16.10.2023 and the 3rd Respondent's Communication No.m.jp.f.vz;.[p3/50047/8580/2023 dated 30.10.2023 and to file the final report within the period stipulated by this Court.

2. The learned Additional Public Prosecutor on instructions from the 3rd Respondent submits that investigation completed and the matter had been referred and the 3rd Respondent has filed a Referred Charge Sheet before the Judicial Magistrate No.I, Sivakasi, on 06.01.2024 and also notice had been sent to the Defacto complainant.

2/4

3. Recording the submission of the learned Additional Public Prosecutor, this Petition is disposed of. The Petitioner is directed to appear before the Judicial Magistrate No.I, Sivakasi and file Protest Petition.

4. The learned Judicial Magistrate No.I, Sivakasi, after issuing notice to the Defacto Complainant and after hearing her objections shall pass appropriate orders, before referring the Charge Sheet. Internet:Yes./No 08.01.2024 Index:Yes/No NCC : Yes/No Ls To 1.The Judicial Magistrate No.I, Sivakasi 2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS

3. The Deputy Superintendent of Police, Sivakasi, Virudhunagar District, 4.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

CRL.O.P (MD) No.204 of 2024 08.01.2024 4/4