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Madras High CourtCRL OP(MD)/1396/2020disposed of

P. Murugeswari v. The Superintendent Of Police

2020-01-29Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD) No.1396 of 2020 and Crl.M.P(MD) No.639 of 2020 P.Murugeswari

...Petitioner

Vs.

1. The State Represented through The Superintendent of Police Office of the District Superintendent of Police

2. The Inspector of Police All Women Police Station Theni, Theni District

3. The Inspector of Police Crime Branch Crime Investigation Department Plot No.9, Arasu Nagar Behind Duraiappa Ginning Factory Palanichettipatti

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to issue direction to transfer the investigation to the third respondent office for conducting fair and impartial investigation in Crime No.23 of 2019 on the file of the second respondent For Petitioner : Mr.R.Karunanithi For Respondents : Mr.S.Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the 1st respondent to transfer the investigation in Crime No.1113 of

2019 on the file of the 2nd respondent to some other investigation officer.

2. The learned counsel for the petitioner would submit that the petitioner's daughter Prabashree aged about 8 years who is autistic person was admitted in one Vanavil Rehabilitation Centre and that her child was abused by someone in the centre in respect of which a case in Crime No.23 of 2019 has been registered by the second respondent police. Since the investigation has not been done in a fair manner, the present petition has been filed seeking to transfer the case from the file of the second respondent to the file of the third respondent.

3. The learned Government Advocate(Crl.Side) would submit that during investigation it has been found that the child has been abused by yet another inmate in the centre. However on perusal of files she would fairly admit that there is some lapse in the investigation and there by seek a direction may be issued to the Deputy Superintendent of Police, Bodinaickanur to monitor the investigation and file a final report.

4. The petitioner has no objection in the investigation being done under the supervision of the Deputy Superintendent of Police, Bodinaickanur.

5. In view of the same, direction is issued to the Deputy Superintendent of Police, Bodinaickanur to monitor the investigation done by the second respondent in Crime No.23 of 2019 and file a final report as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of this order. 6.

with the above direction, this Criminal Original Petition is disposed of. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To

1. The Superintendent of Police Office of the District Superintendent of Police

2. The Inspector of Police All Women Police Station Theni, Theni District.

3. The Inspector of Police Crime Branch Crime Investigation Department Plot No.9, Arasu Nagar Behind Duraiappa Ginning Factory Palanichettipatti 4.The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC to M/s.R.KARUNANITHI, Advocate ( SR-3705[F] dated 29/01/2020 ) Crl.O.P.(MD) No.1396 of 2020 29.01.2020 aav SDS (12.02.2020) 3P-6C