Fathima v. The State Rep. By Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Fathima ... Petitioner Vs.

The State Rep. by 1.The Superintendent of Police, Madurai Rural, Madurai.

2.The Inspector of Police, Silaiman Police Station, Madurai.

... Respondents (R1 is suo motu impleaded by this order) Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent herein to file the Final Report, for the Crime No.244 of 2023 registered before the respondent Police Station within a time which may be fixed by this Court. For Petitioner : Mr.J.Arul Prakash For Respondents : Mr.M.Muthumanikkam Government Advocate (Crl. Side) Page No. 1 of 5

O R D E R

The Petitioner is the De-facto Complainant. It is the case of the Petitioner that her husband is employed in a Gulf Country. She is residing along with her three daughters in the address stated in this Criminal Original Petition. While so, she found 20 sovereign of gold jewels missing from her house. Therefore, she approached the Respondent police with complaint dated 07.05.2023. The Respondent refused to register the complaint. Therefore, the Petitioner was forced to approach the Superintendent of Police. Only when the Petitioner approached the Superintendent of Police, the case was registered by the Respondent as F.I.R. in Crime No.244/2023. Even though the case was registered, till date, the Respondent herein had not conducted fair and proper investigation. She therefore seeks for early completion of the investigation and to file a final report.

2. The Superintendent of Police, Madurai Rural, Madurai is suo motu impleaded as Respondent 1. Sole Respondent in this Criminal Original Petition is re-arranged as Respondent 2. Page No. 2 of 5

3.The Superintendent of Police, Madurai, shall nominate a senior Officer in the rank of Additional Superintendent of Police or Deputy Superintendent of Police, who is fair and impartial to supervise the investigation. The investigation file in Cr.No.244 of 2023 pending with the Inspector of Police, Silaiman Police Station, Madurai District, shall be withdrawn and handed over to a different Officer, who is prompt and impartial in his investigation. The investigation shall be continuously monitored by the Officer, either the Additional Superintendent of Police or Deputy Superintendent of Police, as the case may be, nominated by the Superintendent of Police, Madurai Rural. The Superintendent of Police shall see to it that final report shall be filed within a reasonable period of three months from the date of handing over the investigation to the new Investigation Officer, who is fair and impartial and skilled in investigation of similar offences in the assessment of Superintendent of Police.

4. This Criminal Original Petition is disposed of. 23.02.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN Page No. 3 of 5

To 1.The Superintendent of Police, Madurai Rural, Madurai.

2.The Inspector of Police, Silaiman Police Station, Madurai.

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

Page No. 4 of 5

SATHI KUMAR SUKUMARA KURUP , J.

JEN 23.02.2024 Page No. 5 of 5