Madras High CourtCRL OP(MD)/11129/2018dismissed

Devi v. The Superintendent Of Police

2018-07-05Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD)No.11129 of 2018 Devi ... Petitioner Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Usilampatty, Madurai District.

3. The State through The Inspector of Police, Checkkanurani Police Station, Madurai District.

... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to transfer the case in Crime No.73 of 2018 on the file of the third respondent to any other competent investigation agency. For Petitioner : Mr.R.Manoharan, For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side)

O R D E R

This application has been filed seeking for a direction, directing the second respondent to transfer the case in Crime No.73 of 2018 on the file of the third respondent to any other competent investigation agency.

2.The learned counsel appearing for the petitioner would submit that the case has been registered in Cr.No.73 of 2018, on 14.02.2018 under Section 174 Cr.P.C., but the third respondent has not conducted a fair investigation and therefore, the petitioner https://hcservices.ecourts.gov.in/hcservices/

has filed the present Criminal Original Petition for the above relief.

3.The learned Government Advocate (Crl.side) would submit that the case has been registered in Cr.No.73 of 2018 on 14.02.2018 and the investigation has been conducted by the respondent police and post mortem certificate has also been obtained and thereafter, the complaint was closed as "further action dropped". Therefore, nothing survives for adjudication in the present application filed by the petitioner.

4.Recording the above submission made by the learned Government Advocate (Crl.side), this Criminal Original Petition is dismissed with liberty to the petitioner to make her objection before the concerned Court.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Usilampatty, Madurai District.

3. The Inspector of Police, Checkkanurani Police Station, Madurai District.

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

Am AE/PN/SAR3/16.07.2018/2P/5C Crl.O.P.(MD).No.11129 of 2018 05.07.2018 https://hcservices.ecourts.gov.in/hcservices/