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Madras High CourtCRL OP(MD)/5648/2020allowed

G.Ennamuthammal v. The Superintendent Of Police

2020-06-03Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5648 of 2020 and Crl.M.P.(MD)No.3097 of 2020 G.Ennamuthammal ... Petitioner/Complainant Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tiruchendur, Thoothukudi District.

3.The Inspector of Police, District Crime Branch, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, Kulasekarapattinam Police Station, Kulasekarapattinam, Thoothukudi District.

... Respondents PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to withdraw the case in Crime No.203 of 2019 on the file of the fourth respondent and entrust the same to the third respondent for investigation. For Petitioner : Mr.V.Rajiv Rufus For Respondents: Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel on either side.

2.The petitioner is the defacto complainant in Crime No.203 of 2019. One of her sons suffered conviction in a criminal case. 1/4

After coming out from the jail, he is alleged to have forged the petitioner's signature and also filed a civil suit on that basis. 3.The case is presently being investigated by the fourth respondent. The petitioner has given certain reasons as to why she is asking for transfer of investigation.

4.I am of the view that in the very nature of things, the case of this nature must be investigated only by the District Crime Branch. Therefore, the first respondent is directed to withdraw the case from the file of the fourth respondent and entrust the same to the third respondent for investigation.

5.This Criminal Original Petition is allowed on these terms. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Tiruchendur, Thoothukudi District.

3.The Inspector of Police, District Crime Branch, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, Kulasekarapattinam Police Station, Kulasekarapattinam, Thoothukudi District.

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

Crl.O.P(MD)No.5648 of 2020 03.06.2020 NR(10.06.2020) 3P 6C 3/4