Madras High CourtCRL OP(MD)/4492/2022dismissed

J.Rajakumari v. The Superintendent Of Police

2022-04-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.4492 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4492 of 2022 J.Rajakumari ... Petitioner Vs.

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

2.The Inspector of Police, Suchindram Police Station, Kanyakumari District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to transfer the investigation from the second respondent in Crime No.558 of 2021, dated 29.12.2021 on the file of the second respondent police to any other agency or any other competent officer.

For Petitioner : Mr.G.Aravinthan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the first respondent to transfer the investigation in Crime No.558 of 2021 from the file of the second respondent to any other competent officer.

2.The learned Government Advocate (Criminal Side) appearing for the respondents filed a status report and submitted that after investigation, the offence has been altered from Section 174 of Cr.P.C to Section 306 of I.P.C as against the employee of the private sector and about to file a final report. 3.In view of the above, the transfer of investigation would not serve any purpose, since the second respondent now altered the offence into Section 306 of I.P.C. Hence, this Court is not inclined https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4492 of 2022 to transfer the investigation. Accordingly, this Criminal Original Petition is dismissed.

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

2.The Inspector of Police, Suchindram Police Station, Kanyakumari District.

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

+1 CC to M/s.G. ARAVINTHAN, Advocate ( SR-19560[F] dated 20/04/2022 ) Crl.O.P(MD)No.4492 of 2022 19.04.2022 RK(04/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2