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Madras High CourtCRL OP(MD)/1526/2022allowed

S.Kalavathi v. The Superintendent Of Police

2022-01-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1526 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1526 of 2022 S.Kalavathi ... Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, CBCID, Dindigul District.

3.The Inspector of Police, District Crime Branch, Dindigul District.

(Cr.No.41 of 2021) ... Respondents/Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to withdraw the complaint pending before the 3rd respondent in Crime No.41 of 2021 and transfer it to the 2nd respondent for further and speedy investigation. For Petitioner : Mr.R.M.Makesh Kumaravel For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 2.The petitioner is the defacto complainant in Crime No.41 of 2021 registered on the file of District Crime Branch, Dindigul. The petitioner is of the view that the investigation is not going in the right lines. Hence, this criminal original petition has been filed for transfer of investigation.

3.I went through the contents of the FIR. The offences appear to be prima facie made out. However, to file a proper final report, the third respondents has to necessarily obtain confirmation statements from quite a few government departments such as Sub Registrar Office, A.R.Hospital and Madurai Corporation. It is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1526 of 2022 stated that the third respondent has addressed communications to all these institutions. The addressees are directed to respond to the quarries raised by the third respondent immediately and without any delay. The third respondent can send reminder to the addressees by enclosing a copy of this order also. After the third respondent obtains responses from those institutions, if they confirm the petitioner's allegations, a positive final report shall be filed shortly thereafter. In any event, the entire exercise shall be concluded within a period of three months from the date of receipt of a copy of this order. The jurisdictional Deputy Superintendent of Police is directed to monitor the investigation. 4.This criminal original petition is allowed accordingly.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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 Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, CBCID, Dindigul District.

3.The Inspector of Police, District Crime Branch, Dindigul District.

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

+1 CC to M/s.R.M.MAKESH KUMARAVEL, Advocate ( SR-3049[F] dated 31/01/2022 ) Crl.O.P(MD)No.1526 of 2022 28.01.2022 PK(CO) GC(15.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2