M.Madhumitha v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No.9350 of 2019 and Crl.M.P.(MD)No.5956 of 2019 M.Madhumitha : Petitioner Vs.

1.State rep.by The Director General of Police, Office of the Director General of Police, Beach Road, Mylapore, Chennai-600 004.

2.State rep.by The Inspector General of Police, Southern Zone, Madurai.

3.State rep.by The Superintendent of Police, Theni District, Theni.

4.State rep.by The Inspector of Police, All Women Police Station Uthamapalayam, Theni District.

In Crime No.14 of 2018 5.State rep.by The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

: Respondents PRAYER : Petition is filed under Section 482 of Criminal Procedure Code praying to transfer the investigation in Cr.No.14 of 2018 dated 11.10.2018 pending on the file of the fourth respondent to the fifth respondent or any other competent authority. For Petitioners : Mr.M.Kumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to transfer the investigation of the case in Crime No.14 of 2018 pending on the file of the fourth respondent.

2. The grievance of the petitioner is that. she has given a complaint for the offence under Section 498(A), 506(ii) 406 IPC and Section 4 of Dowry Prohibition Act against her husband and in-laws before the fourth respondent and the same was registered in Crime No.14 of 2018. Despite registration of FIR in the year 2018, so far there is no enquiry on the complaint. Hence, the petitioner has filed the present petition to transfer the investigation to the file of the fifth respondent.

3. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side), on instructions, would submit that the petitioner has already filed similar application before this Court seeking transfer of investigation in Crl.O.P.(MD)No.390 of 2019 and this Court by an order dated 24.01.2019 directed the petitioner to appear before the fourth respondent police for enquiry. Thereafter, enquiry was commenced and the fourth respondent has examined as many as 7 witnesses. He would further submit that investigation on the complaint given by the petitioner is almost completed and final report will be filed with a period of two months.

4. The submission made by the learned Government Advocate (Crl.Side) is recorded.

Considering the fact that the investigation on the complaint of the petitioner is substantially completed and 7 witnesses have also been examined, I am of the view that it would be suffice to direct the fourth respondent police to complete the investigation. Accordingly, the fourth respondent is directed to complete the investigation on the complaint of the petitioner, dated 11.10.2018 and file a final report within a period of two months from the date of receipt of a copy of this order.

5. With this direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Crl Side) // True Copy // Sub Assistant Registrar(CS) ta To 1.The Director General of Police, Office of the Director General of Police, Beach Road, Mylapore, Chennai-600 004.

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

3.The Superintendent of Police, Theni District, Theni.

4.The Inspector of Police, All Women Police Station Uthamapalayam, Theni District.

5.The Inspector of Police, All Women Police Station, Srirangam, Trichy District.

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

+1CC TO MR.M.KUMAR, Advocate Sr. No. 73320 CRL.O.P.(MD).No.9350 of 2019 04.07.2019 KM(CO) TR (23.07.2019) 3P 8C