Madras High CourtCRL OP(MD)/4488/2023disposed of

S.Mariyammal v. The Director General Of Police

2023-04-26Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN S.Mariyammal ... Petitioner Vs.

1.The Director General of Police, Police Head Quarters, Kamarajar Salai, Mylapore, Chennai-600 004.

2.The Commissioner of Police, Police Commissioner Office, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Perumalpuram Police Station, Perumalpuram, Tirunelveli City.

4.The Inspector of Police, Central Crime Branch, Tirunelveli City, Tirunelveli.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 & 2 to transfer investigation to the honest police officer not below the rank of 1/5

Superintendent of Police in Crime Nos.45 of 2023 and 48 of 2023 on the file of the third respondent now pending with the fourth respondent to protect the interest of the woman.

For Petitioner : Mr.S.Radhakrishnan For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 & 2 to transfer investigation to the honest police officer not below the rank of Superintendent of Police in Crime Nos.45 of 2023 and 48 of 2023 on the file of the third respondent now pending with the fourth respondent to protect the interest of the woman.

2. The learned Additional Public Prosecutor would submit that on the basis of the representation that was made by the petitioner, alteration report is made in Crime No.45 of 2023 including the offences under the provisions of Special Act. In pursuance of order passed by the Commissioner of Police, Tirunelveli City, dated 17.04.2023, Investigation has been taken over by the Assistant Commissioner of Police, City Crime Branch, 2/5

Tirunelveli City, who has also taken over the charge on 19.04.2023. Now the investigation is under process. Inspite of above, the question of transfer of investigation does not arise.

3. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. 26.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/5

To 1.1.The Director General of Police, Police Head Quarters, Kamarajar Salai, Mylapore, Chennai-600004.

2.The Commissioner of Police, Police Commissioner Office, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Perumalpuram Police Station, Perumalpuram, Tirunelveli City.

4.The Inspector of Police, Central Crime Branch, Tirunelveli City, Tirunelveli.

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

4/5

G.ILANGOVAN ,J.

Indu Order made in Dated: 26.04.2023 5/5