P.Gurusamy v. The Principal Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Gurusamy ... Petitioner vs.

1.The Principal Secretary to the Government, Secretariat, Fort St. George, Chennai-600 009.

2.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-60004.

3.The Commissioner of Police, Office of the Commissioner of Police, Madurai-625 002.

4.The Inspector of Police, Office of the Inspector of Police, Karimedu Police Station, Madurai-625 016, (Crime No.36 of 2020) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation of the case in Crime No.36 of 2020 on the file of the fourth respondent to any other investigating agency. For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.M.Sakthi Kumar Government Advocate (crl.side) O R D E R Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.side) appearing for the respondents.

2. The petitioner is the defacto complainant in Crime No.36 of 2020 registered on the file of the Karimedu Police Station. He wants transfer of investigation.

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3. According to the petitioner, his daughter is missing and that the fourth respondent has not done anything to secure her.

4. When the case was going on, Thiru.Poorna Chandran, learned counsel intervened and submitted that the petitioner's daughter has actually not gone missing. She is presently staying away independently on her own free will and volition.

5. M/s.Vinitha, daughter of the petitioner whose identity has been confirmed by the learned Government Advocate(Crl. Side), appeared before this Court through video conferencing. M/s.Vinitha is directed to go before the fourth respondent on 29.01.2022 at about 11.00 a.m., and give a statement in this regard. The fourth respondent shall record M/s.Vinitha's statement after being satisfied about her identity and close the FIR and file the same before the jurisdictional Magistrate. The jurisdictional Magistrate shall also accept the same. The petitioner shall refrain from lodging such frivolous complaint in future.

6. With this direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar 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 Principal Secretary to the Government, Secretariat, Fort St. George, Chennai-600 009.

2.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-60004.

3.The Commissioner of Police, Office of the Commissioner of Police, Madurai-625 002.

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4.The Inspector of Police, Office of the Inspector of Police, Karimedu Police Station, Madurai-625 016.

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

+1 CC to M/s.NIRANJAN S KUMAR, Advocate ( SR-2727[F] dated 28/01/2022 ) Crl.O.P.(MD)No.1391 of 2022 27.01.2022 RMI MS/15.02.2022/3P.7C 3/3