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Madras High CourtCRL OP(MD)/1667/2022disposed of

Arockiyasahayadevi v. The Superintendent Of Police

2022-02-11Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN Arockiya Sahayadevi ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District, In Crime No.163 of 2019.

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

... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order of direction, transfer the investigation from the second respondent in Crime No.163 of 2019 to the third respondent.

For Petitioner : M/s.S.Sivakumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petitions has been filed seeking transfer of the investigation pending in Crime No.163 of 2019 from the file of the second respondent to the third respondent. 2.The petitioner lodged a complaint alleging that her husband is working in abroad. Believing the words of the accused persons as they want of money to develop his business of buying and selling usage cars, the petitioner given her jewels to the accused persons, after obtaining blank cheques and promissory notes. Thereafter, they failed to return the amount. When the petitioner asked the accused persons to give back her jewels and amount, they threatened the petitioners with dire consequences. Since, no action has been taken till date, by the second respondent police by colluding with the accused persons, the petitioner wants to transfer the 1/3

investigation from the file of the second respondent to the third respondent police.

3.The learned Additional Public Prosecutor (crl.side) submitted that the investigation is almost completed and at this stage the investigation is transferred to some other agency the entire investigation will be affected.

4.Considering the above, the change of investigation cannot be ordered. However, the second respondent is directed to file the final report within a period of eight weeks from the date of receipt of a copy of this order. The first respondent is directed to monitor the investigation done by the second respondent and ensure that the second respondent shall complete the investigation within the time stipulated by this Court.

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

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) cp Note :

In view of the present lock down owing to COVID19 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, Sivagangai District.

2.The Inspector of Police, Karaikudi North Police Station, Sivagangai District, 2/3

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

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

+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-6310[F] dated 15/02/2022 ) 11.02.2022 MK(04.03.2022) 3P 6C 3/3