Samyayya v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Samyayya : Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram Division, Ramanathapuram.

2.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the first respondent herein to transfer the investigation in Crime No.39 of 2024 from the third respondent police to any other police for further investigation.

For Petitioner : Mr.C.JEganathan For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the first respondent herein to transfer the investigation in Crime No.39 of 2024 from the third respondent police to any other police for further investigation.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.294(b), 323, 336 and 506(i) IPC and after completing the investigation, final report came to be filed before the jurisdictional Court through e-filing, but the same was not taken on file.

3. Since the respondent Police has already filed the final report before the jurisdictional Court, transfer of the investigation in Crime No. 39 of 2024 from the third respondent police does not arise.

4. In view of the above, the Criminal Original Petition is dismissed. The petitioner is at liberty to challenge the final report or 2/4

otherwise, file a protest petition for not adding the offence under Section 307 of IPC and Section 4 of Tamil Nadu Prohibition Harassment of Women Act.

16.08.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, Ramanathapuram Division, Ramanathapuram.

3.The Inspector of Police, Ramanathapuram Town Police Station, Ramanathapuram.

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

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K.MURALI SHANKAR,J.

DAS Order made in Dated: 16.08.2024 4/4