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Madras High CourtCRL OP(MD)/17723/2017closed

Jeya Gowri, W/O.Jesy Evans, v. The Director General Of Police

2017-12-22Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.17723 of 2017 Jeya Gowri ... Petitioner -Vs1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

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

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

(In Crime No.12 of 2016) 4.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District, Virudhunagar.

(Crime No.717 of 2016).

... Respondents PRAYER:Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to transfer the investigation in Crime No.12 of 2016 pending before the 3rd respondent and Crime No.717 of 2016 pending before the 4th respondent police to any other investigation agency under the control of the 2nd respondent.

For Petitioner : Mr. D.Selvaraj For Respondents : Mr.K.S.Duraipandian, Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed for transferring the investigation in Crime No.12 of 2016 and Crime No. 717 of 2016 pending before the third and fourth respondents respectively to any other investigation agency under the control of the second respondent.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned Additional Public Prosecutor on instruction submitted that in Crime No.12 of 2016, charge sheet has already been filed and that the final report is yet to be taken on file.

4. Considering the fact that the investigation has already been completed by the third respondent in this case, this court is unable to entertain this petition for transfer of Crime No.12 of 2016. Hence this Criminal Original Petition is closed. However, the third respondent is directed to see that the charge sheet is taken on file within a period of four weeks from the date of receipt of a copy of this order. Needless to say that it is open to the petitioner to file a separate Criminal Original Petition as far as Crime No.717 of 2016 pending before the fourth respondent is concerned.

5. Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar

To 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

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

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

4.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District, Virudhunagar.

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

+1cc to M/S.D.SELVARAJ, Advocate SR.No.94501. CRL.O.P.(MD)No.17723 of 2017 22.12.2017 pnn /am SDS/SKN:RSK/SAR 1/12.01.2018/3P/7C