Madras High CourtCRL OP(MD)/2163/2016disposed of

Mallika v. The Superintendent Of Police

2016-02-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition (MD) No.2163 of 2016 Mallika ... Petitioner vs.

1. The Superintendent of Police Thoothukudi District

2. The Inspector of Police Thattarmadam Police Station Thoothukudi District (Crime No.130 of 2015) ... Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C., to direct the respondents to transfer the investigation in Crime No.130 of 2015 to any other competent officer, other than the second respondent herein under the supervision of the first respondent and to file a final report. For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.K.V.Rajarajan Govt. Advocate (Criminal Side)

ORDER

The petitioner has filed this criminal original petition, under Section 482 of the Code of Criminal Procedure, to direct the first respondent herein to transfer the investigation, in Crime No.130 of 2015, pending on the file of the second respondent herein, to the file of any other competent officer, under his supervision and to file a final report.

2. Heard the learned counsel for the petitioner, learned Government Advocate (Criminal Side) appearing for the respondent Police and perused the materials placed on record.

3. On reading of the F.I.R., it is seen that the case, in Crime No.130 of 2015, has been registered for the offences punishable under Sections 294(b), 323, 506(ii) I.P.C., and 4 of T.N.P.W.H.Act and the investigation is pending on the file of the second respondent.

4. Taking into consideration the nature of allegations, this Court is not inclined to transfer the case, in Crime No.130 of 2015, from the file of the second respondent to the file of any other competent officer. However, the Deputy Superintendent of Police is directed to supervise the investigation and file final report as expeditiously as possible https://hcservices.ecourts.gov.in/hcservices/

preferably within a period of three months from the date of receipt of a copy of this Order.

5. With the above direction, this criminal original petition is disposed of.

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

1. The Superintendent of Police, Thoothukudi District.

2. The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

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

+ 1 CC TO MR.P.T.RAMESH RAJA, ADVOCATE IN SR NO. 7572 KRK TE/MPA/19/02/2016 : 2P/5C Crl.O.P(MD).No.2163 of 2016 08.02.2016 https://hcservices.ecourts.gov.in/hcservices/