Madras High CourtCRL OP(MD)/4175/2019disposed of

S. Rajeswari, W/O.Subramani v. The Director General Of Police

2019-03-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.4175 of 2019 S.Rajeswari ... Petitioner Vs.

1.The Director General of Police, Chennai.

2.The Inspector General of Police, South Zone, Madurai.

3.The Commissioner of Police, Madurai City.

4.The Inspector of Police (Crime), Villakkuthoon Police Station, Villakkuthoon, Madurai.

5.The Deputy Superintendent of Police, CBCID, Madurai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 to 3 herein to transfer the investigation of the case in Crime No.535 of 2017 from the file of the 4th respondent to the 5th respondent and further to file a final report before this Court within the time stipulated by this Court.

For Petitioner : Mr.C.Jeganathan for M/s.Veera Asso.

For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents 1 to 3 herein to transfer the investigation of the case in Crime No.535 of 2017 from the file of the 4th respondent to the 5th respondent and further to file a final report. 2.Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.For a complaint that discloses commission of offence under Section 379 IPC even on the fact of it, the Investigating Agency

has registered a case under Section 420 IPC. It requires intervention of the Court to point out to the Investigating Agency that the case ought to have been registered for offence under Section 379 IPC. It is unfortunate that this Court called upon to do that which the investigating agency is expected to do. 4.Today, the learned Additional Public Prosecutor submits that by proceedings date 26.03.2019, the case has been altered to one for offence under Section 379 IPC and the investigation has just commenced.

5. The fourth respondent police is directed to complete the investigation and lay a final report within a period of six months from the date of receipt a copy of this order.

6. Accordingly, this petition is disposed of. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) CM/vsd To 1.The Director General of Police, Chennai.

2.The Inspector General of Police, South Zone, Madurai.

3.The Commissioner of Police, Madurai City.

4.The Inspector of Police (Crime), Villakkuthoon Police Station, Villakkuthoon, Madurai.

5.The Deputy Superintendent of Police, CBCID, Madurai.

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

+1CC TO MR.VEERA ASSO., Advocate Sr. No. 57642 Crl.O.P.(MD)No.4175 of 2019 28.03.2019 TR (12.04.2019) 2P 8C https://hcservices.ecourts.gov.in/hcservices/