Madras High CourtCRL OP(MD)/1954/2022disposed of

Parvathalakshmi v. The Superintendent Of Police

2022-02-02Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Parvathalaskhmi ... Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram, Ramanathapuram District.

3.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

4.The Inspector of Police, C.B.C.I.D., Ramanathapuram District.

5.Jothimurugan 6.Suresh ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation of Crime No.616 of 2021 pending on the file of the third respondent and entrust the same to the file of the fourth respondent or any other specialized agency. For Petitioner : Mr.C.Senthil Murugan For R1 to R4 : Mr.M.Sakthi Kumar Govt. Advocate (Crl. Side)

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. side) appearing for the respondents 1 to 4.

2.The petitioner is the de-facto complainant in Crime No.616 of 2021 registered on the file of the Kenikkarai Police Station. 1/3

3.The petitioner alleges that even a signature was not taken in the complaint. The petitioner is apprehensive that is on the strength of which such an FIR, the case is conducted, the prosecution will stand totally undermined.

4.Taking notice of the said apprehension, the petitioner is permitted to go to the third respondent on 08.02.2022 at 11.00 a.m and prefer a fresh complaint. The fresh complaint to be signed and presented by the petitioner will be treated as the original complaint. Based on the same, the third respondent shall file an alteration report before the Jurisdictional Court. The second respondent is directed to monitor the investigation and vet the final report before the same is filed.

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

Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram, Ramanathapuram District.

3.The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

4.The Inspector of Police, C.B.C.I.D., Ramanathapuram District.

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

Copy to The Judicial Magistrate No.II, Ramanathapuram.

02.02.2022 tp(CO) TR(07.02.2022) 3P 7C 3/3