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Madras High CourtCRL OP(MD)/733/2021dismissed

V.Mallika v. The Superintendent Of Police

2023-03-10Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.733 of 2021 V.Mallika ... Petitioner Vs.

1.The Superintendent of Police, Superintendent of Police office, Tenkasi 2.The Deputy Superintendent of Police Deputy Superintendent of Police office, Puliyankudi, Tenkasi District.

3.The Sub Inspector of Police, Chokkampatti Police Station, Tenkasi District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the first respondent to transfer the investigation in Crime No.228 of 2020, dated 17.09.2020, on the file of the third respondent to any other investigation officer within the first respondent jurisdiction to conduct the investigation in the manner known to law. 1/4

For Petitioner : Mr.P.Murugesan For Respondents : Mrs.M.Aasha Government Advocate (crl.side) O RDER This petition is filed to direct the first respondent to transfer the investigation in Crime No.228 of 2020, dated 17.09.2020, on the file of the third respondent to any other investigation officer.

2. On the side of the petitioner, it is stated that the occurrence took place on 15.09.2020 and the F.I.R was registered, on the same day, the third respondent insisted the petitioner to go for compromise. Since the petitioner refused to do the same, a false case was registered against the petitioner and prayed the investigation to be transferred to some other investigation officer.

3. On the side of the prosecution, it is stated that two cases were registered. There is a counter case in Crime No.227 of 2020 and both the cases, charge sheet was filed. In Crime No.227 of 2020, charge sheet was filed and the same was taken on file as S.T.C.No.1696 of 2022 on the file of the Judicial Magistrate, Tenkasi. 2/4

4. In this case, ie., in Crime No.228 of 2020, charge sheet was filed and the same was taken on file as S.T.C.No.570 of 2022 and the case is adjourned to 26.04.2023 for appearance of the accused.

5. In view of the above submission made by the prosecution, this Petition is dismissed.

NCC : Yes/No Index : Yes/No 10.03.2023 Internet : Yes/No Ls To 1.The Superintendent of Police, Superintendent of Police office, Tenkasi 2.The Deputy Superintendent of Police Deputy Superintendent of Police office, Puliyankudi, Tenkasi District.

3.The Sub Inspector of Police, Chokkampatti Police Station, Tenkasi District.

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

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R.THARANI. J.

Ls 10.03.2023 4/4