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Madras High CourtCRL OP(MD)/7782/2015disposed of

Manjula v. The Inspector Of Police

2015-04-24Honourable Mr Justice M.M.Sundresh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD).Nos.7782 and 6491 of 2015 and M.P.(MD).No.1 of 2015 in Crl.O.P.(MD).No.7782 of 2015 Crl.O.P.(MD).No.7782 of 2015 and M.P.(MD).No.1 of 2015 1.Manjula 2.Ganesan 3.Bhavani 4.Sivasubramania Pillai ... Petitioners/Accused -Vs1.State represented by The Inspector of Police, Thuraiyur, Trichy District.

(Crime No.76 of 2015) ... 1st Respondent/Complainant 2.Jainulabudeen ... 2nd Respondent/Defacto Complainant PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records in Crime No.76 of 2015 on the file of the first respondent police and quash the same.

For Petitioner :Mr.C.Vakeeswaran For R1 :Mrs.S.Prabha Government Advocate(Crl.side) For R2 :Mr.J.Anandakumar Crl.O.P.(MD).No.6491 of 2015 Manjula ... Petitioners/Defacto Complainant -Vs1.The Director General of Police, Chennai.

2.The Superintendent of Police, Trichy District, Trichy.

3.The Inspector of Police, Thuraiyur, Trichy District.

... 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 investigation in Crime No.75 of 2015 on the file of the third respondent to any other investigation agency in other District.

For Petitioner : Mr.C.Vakeeswaran For Respondents : Mrs.S.Prabha Government Advocate(Crl.side) COMMON ORDER The petition in Crl.O.P.(MD).No.7782 of 2015 has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for the records in Crime No.76 of 2015 on the file of the first respondent police and quash the same and the petitioner in Crl.O.P.(MD).No.6491 of 2015 has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the first respondent to transfer the investigation in Crime No.75 of 2015 on the file of the third respondent to any other investigation agency in other District. 2.Heard both sides.

3.The petitioner, who is working as the Tahsildar is the de-facto complainant. The petitioner has preferred a complaint as against the accused viz., Jainulabudeen on 22.01.2015 and a case has been registered on 03.03.2015 in Crime No.75 of 2015. The above said accused has also preferred a complaint as against the petitioner and her husband on 03.03.2015 and a case has been registered in Crime No.76 of 2015.

4.The learned counsel for the petitioner submitted that it is just and appropriate to transfer the investigation outside the District. It is also submitted that the respondent is is working as Revenue Divisional Officer in Musiri and the jurisdiction of the Revenue Divisional Officer would cover the territorial jurisdiction of the third respondent.

5.Insofar as the Crime No.76 of 2015 is concerned, it has been filed by the accused in Crime No.75 of 2015 against the petitioners.

6.Both the counsels submitted that the matter may be referred to the CBCID, Trichy.

7.In view of the above, this Court is not inclined to go into the merit of the case and also considering the nature of the allegations, both Crime Nos.75 and 76 of 2015 are directed to be referred to the Inspector of Police, CBCID, Trichy. The Deputy Superintendent of Police, CBCID is directed to monitor the investigation of both the cases and file a final report. With the above direction, the criminal original petitions are disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Thuraiyur, Trichy District.

2.The Director General of Police, Chennai.

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

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

5.The Inspector of Police, CBCID, Trichy 6.The Deputy Superintendent of Police, CBCID, Trichy +3cc to Mr.C.Vakkesawaran ,Advocate Sr.No.22763,22764 +1cc to Mr. T.Antony Arul Raj,Advocate Sr.No. 22578 +1cc to Mr.J.ANANDKUMAR,Advocate Sr.No. 21956 ns AA/08.05.2015/3p -12c/ Crl.O.P(MD)Nos.7782 and 6491 of 2015 24.04.2015