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Madras High CourtCRL OP(MD)/2152/2018disposed of

M.Mariammal v. The Superintendent Of Police

2018-08-30Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.2152 of 2018 M.Mariammal

...Petitioner

Vs.

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

2.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

(Crime No.16 of 2018).

3.The Inspector of Police, CBCID, Virudhunagar District.

4.Rajesh Kanna

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the 1st respondent to transfer the investigation from the file of the 2nd respondent in Crime No.16 of 2018 to the 3rd respondent and further investigate the case in accordance with law.

For Petitioner : Mr.J.Sivaram For R1 to R3 : Mr.S.Bharathi Government Advocate

O R D E R

This Criminal Original Petition has been filed seeking transfer of investigation of the case in Crime No.16 of 2018 from the file of the second respondent to the file of the third respondent.

2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the official respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The dispute in this case is between the family members.

Already FIR has been registered in Crime No.16 of 2016 for the offence punishable under Sections 294 (b), 323, 506 (1), 498 (A) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002. It is the grievance of the petitioner that Section 307 IPC has not been incorporated in the FIR.

4.The matter is still in the stage of investigation by the second respondent police. This Court does not find any ground to transfer the investigation at this stage. There shall be a direction to the respondent police to investigate the case effectively and bring the culprits to light. The second respondent is directed to investigate the matter as expeditiously as possible and file a final report.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar ta To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Srivilliputhur Town Police Station, Virudhunagar District.

(Crime No.16 of 2018).

3.The Inspector of Police, CBCID, Virudhunagar District.

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

Crl.O.P.(MD).No.2152 of 2018 https://hcservices.ecourts.gov.in/hcservices/ NM/SV/SAR 4/25.09.2018/2P/5C