Rani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5526 of 2023 Rani ... Petitioner Vs.

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

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

3.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

4.The Inspector of Police, CBCID, Madurai.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation in crime No.123 of 2023 on the file of the third respondent and entrust the same to the fourth respondent herein.

For Petitioner : Mr.T.Veerakumar For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

ORDER

This petition has been filed to transfer the investigation in crime No.123 of 2023 on the file of the third respondent and entrust the same to the fourth respondent herein.

2. The grievance of the petitioner is that by engaging the hirelings, the petitioner's daughter-in-law/A1, namely, Nirmaladevi attacked the petitioner's son/husband of the A1. Therefore, FIR in Crime No.123 of 2023 was registered for the offences under Sections 147, 148, 294(b), 341, 324, 307 and 506(ii) of IPC on 10.03.2023.

3. The learned counsel for the petitioner submitted that the first accused, namely, Nirmaladevi, has filed anticipatory bail petition before the learned Principal Sessions Judge, Madurai, in Crl.M.P.No.1859 of 2023 and the same was allowed on 28.03.2023 and the application was not properly objected by prosecution. He further submitted that HMOP is pending between the petitioner's son and the first accused, namely, Nirmaladevi.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that FIR has been registered on 10.03.2023 and not even one month from the date of registration of the FIR, the present petition has been filed. He further submitted that the investigation is going on 2/5

in a proper manner and so far 8 witnesses have been examined. He further submitted that A2 and A3 was arrested and the learned Principal Sessions Judge, Madurai, has granted anticipatory bail to the first accused.

5. In view of the above submission, this Court feels that the investigation is going on in a proper manner and this is not a fit case for transfer. Therefore, the third respondent is directed to complete the investigation within a period of two months from the date of receipt of a copy of this order under the direct supervision of the second respondent. If the petitioner is still aggrieved over the granting of anticipatory bail to the first accused, the petitioner shall move a proper application before the concerned Court for seeking appropriate remedy.

With the above directions, this Criminal Original Petition is disposed of.

12.04.2023 Index : Yes/No Internet:Yes/No tta 3/5

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

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

3.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

4.The Inspector of Police, CBCID, Madurai.

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

4/5

G.ILANGOVAN, J., tta Crl.O.P.(MD)No.5526 of 2023 12.04.2023 5/5