Madras High CourtCRL OP(MD)/3889/2022dismissed

Sumathi v. The Superintendent Of Police

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3889 of 2022 Sumathi

...Petitioner

Vs.

1. The Superintendent of Police Theni District Theni

2. The Deputy Superintendent of Police Theni District Theni

3. The Inspector of Police All Women Police Station Andipatti Theni District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the first respondent to transfer the investigation in Crime No. 27 of 2021 on the file of the 3rd respondent to any other competent investigation agency and to complete the investigation.

For Petitioner : M/s.S.Muniyandi For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the first respondent to transfer the investigation in Crime No. 27 of 2021 on the file of the 3rd respondent to any other competent investigation agency and to complete the investigation.

2. The learned counsel for the petitioner would submit that the third respondent colluded with the accused persons and compelling the petitioner to withdraw the complaint or to go for compromise.

3. The learned Additional Public Prosecutor would submit that the petitioner has lodged complaint belatedly from the date of occurrence and the same has been registered in Crime No.27 of 2021 for the offences under Sections 354(C), 294(b), 506(i) of IPC and Section 4 of TNPHW Act and Section 66 of Information Technology Act.

4. There are totally four accused in this case. A1 was arrested and remanded to judicial custody. A2 to A4 were granted anticipatory https://hcservices.ecourts.gov.in/hcservices/ 1/2

bail and the investigation is still pending.

5. At this stage, if the investigation is transferred, it will affect the entire investigation done by the third respondent herein. 6.In the result, the petition stands dismissed. However the third respondent is directed to complete the investigation and file a final report before the concerned Court within a period of 12 weeks from the date of receipt of a copy of this order. The second respondent is directed to monitor the investigation done by the third respondent and ensure that the third respondent is complying with the directions issued by this Court.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police Theni District Theni

2. The Deputy Superintendent of Police Theni District Theni

3. The Inspector of Police All Women Police Station Andipatti Theni District

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

+1 CC to M/s.S.MUNIYANDI, Advocate ( SR-8913[F] dated 28/02/2022 ) Crl.O.P.(MD) No.3889 of 2022 28.02.2022 NSN(CO) KB(09.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2