← Library
Madras High CourtCRL OP(MD)/18451/2014dismissed

S.Mohamed Fathima v. The Superintendent Of Police

2015-06-10Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No. 18451 of 2014 S.Mohamed Fathima ... Petitioner Vs.

1. The Superintendent of Police, Kanyakumari District, Nagercoil.

2. The State rep. by The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(In Crime No.1/2013) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, praying to direct the first respondent to transfer the case in Crime No. 1 of 2013 pending on the file of the second respondent, in C.C.No.167 of 2013 on the file of the Judicial Magistrate No.II, Nagercoil to competent officer for further investigation in accordance with law and pass such further orders.

For Petitioner : Mr.L.George Paul Anto For Respondent : Mrs.S.Prabha Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for a direction to the the first respondent to transfer the case in Crime No. 1 of 2013 pending on the file of the second respondent, in C.C.No.167 of 2013 on the file of the Judicial Magistrate No.II, Nagercoil to competent officer for further investigation.

2. The learned Government Advocate (Crl. Side) on instructions, would submit that the case has been taken on file of the learned Judicial Magistrate No.II, Nagercoil in C.C.No.167 of 2013. Hence, further investigation can not be granted by this Court.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above said submission, this petition is dismissed. However, it is well open to the petitioner to approach the trial court under Section 173 of Cr.P.C., for necessary relief.

Sd/- Assistant Registrar(Per Admn) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Nagercoil

2. The Superintendent of Police, Kanyakumari District, Nagercoil.

3. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

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

+1cc Mr. L.George Paul Anto, Advocate Sr.No. 29430 pjl AA/19.06.2015/ 2p- 6c/ Crl.O.P.(MD)No. 18451 of 2014 10.06.2015 https://hcservices.ecourts.gov.in/hcservices/