Madras High CourtCRL OP(MD)/4237/2023disposed of

A.Shenbagavalli v. The Commissioner Of Police

2023-03-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN A.Shenbagavalli : Petitioner Vs.

1.The Commissioner of Police, O/o., The Commissioner of Police, Tirunelveli City.

2.The Additional Deputy Commissioner of Police, Crime against Women and Children, O/o., The Commissioner of Police, Tirunelveli City.

3.The Assistant Commissioner of Police, O/o., The Assistant Commissioner of Police, Perumalpuram, Palayamkottai Sub-Division, Tirunelveli City.

4.The Inspector of Police, O/o., The Inspector of Police, AWPS-Palayamkottai Police Station, Tirunelveli City.

(Crime No.4 of 2023) : Respondents PRAYER : Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to withdraw the case in Crime 1/6

No.4 of 2023 from the fourth respondent and transfer the case in Crime No.4 of 2023 on the file of the fourth respondent to second respondent. For Petitioner : Mr.M.Maharaja For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor ORDE R This petition has been filed to transfer the case in Crime No.4 of 2023 from the file of the fourth respondent to the file of the second respondent.

2. The grievance of the petitioner is that the respondent police was not informed about the securing of the victim girl to the petitioner and she was not produced before the Magistrate for recording her statement under Section 164 Cr.P.C. Similarly, the respondent police has not informed about the production of the victim girl before the Government home for current custody.

3. Considering the fact that the proper investigation was not undertaken by the fourth respondent herein, therefore, there shall be direction to the third respondent to take over the investigation and 2/6

complete the same within a period of three months from the date of receipt of a copy of this order.

4. With the above observation, the Criminal Original Petition is disposed of.

27.03.2023 Index : Yes/No Internet : Yes/No rmk To 1.The Commissioner of Police, O/o., The Commissioner of Police, Tirunelveli City.

2.The Additional Deputy Commissioner of Police, Crime against Women and Children, O/o., The Commissioner of Police, Tirunelveli City.

3.The Assistant Commissioner of Police, O/o., The Assistant Commissioner of Police, Perumalpuram, Palayamkottai Sub-Division, Tirunelveli City.

4.The Inspector of Police, O/o., The Inspector of Police, AWPS-Palayamkottai Police Station, Tirunelveli City.

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

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G.ILANGOVAN ,J., Rmk 27.03.2023 4/6