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Madras High CourtCRL OP(MD)/1494/2021disposed of

Thenmozhi v. The Inspector General Of Police

2022-12-23Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Thenmozhi ... Petitioner Vs.

1.The Inspector General of Police, Tiruchirappalli District, Tiruchirappalli.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Deputy Superintendent of Police, Pattukottai Taluk, Thanjavur District, Thanjavur.

4.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

5.The Inspector of Police, CB CID, Thanjavur District, Thanjavur.

... Respondents 1/6

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to withdraw the investigation in Crime No.909 of 2020 from the file of the fourth respondent and to transfer the investigation to the file of the fifth respondent with a direction to investigate into the matter and file charge sheet in accordance with law within a time stipulated by this Court.

For Petitioner : M/s.A.Banumathi For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to withdraw the investigation in Crime No. 909 of 2020 from the file of the fourth respondent and to transfer the investigation to the file of the fifth respondent with a direction to investigate into the matter and file charge sheet in accordance with law within a time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. 2/6

3. It is seen from the records that FIR came to be registered in Crime No.909 of 2020 on 07.06.2020.

4. When the matter was taken up for hearing earlier, considering the submission made by the learned Additional Public Prosecutor appearing for the respondents that FIR registered under Section 174 Cr.P.C. is still pending, this Court directed the concerned Investigation Officer to appear before this Court.

5. In pursuance of the same, Mr.Ravichakravarthi, Inspector of Police, Adiramapattinam Police Station is present before this Court and he would submit that he joined duty only on 23.09.2022.

6. At this juncture, the learned Additional Public Prosecutor appearing for the respondents would submit that on 20.12.2022, the case was altered into Section 306 IPC and that investigation is pending.

7. Recording the submission made by the learned Additional Public Prosecutor, the fourth respondent is directed to proceed with the 3/6

investigation and complete the same and file final report within a period of three months from the date of receipt of a copy of this order. The third respondent is directed to monitor the investigation.

8. With the above direction, this Criminal Original Petition stands disposed of.

23.12.2022 Index :

Yes / No Internet :

Yes / No csm 4/6

To 1.The Inspector General of Police, Tiruchirappalli District, Tiruchirappalli.

2.The Superintendent of Police, Thanjavur District, Thanjavur.

3.The Deputy Superintendent of Police, Pattukottai Taluk, Thanjavur District, Thanjavur.

4.The Inspector of Police, Adiramapattinam Police Station, Thanjavur District.

5.The Inspector of Police, CB CID, Thanjavur District, Thanjavur 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR,J.

csm Order made in Dated: 23.12.2022 6/6