Madras High CourtCRL OP(MD)/6113/2021disposed of

R.Jeyalekha v. The Deputy Inspector General Of Police

2022-01-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.6113 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.6113 of 2021 R.Jeyalekha ... Petitioner Vs.

State rep. by 1.The Deputy Inspector General of Police, O/o.Deputy Inspector General of Police, Maharaja Nagar, Tirunelveli.

2.The Superintendant of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, VK Puram Police Station, Tirunelveli District.

4.The Inspector of Police, District Crime Branch, Tirunelveli District.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st and 2nd respondents to transfer the investigation in CSR No.389 of 2020 on the file of the 3rd respondent to the 4th respondent.

For Petitioner : Mr.K.Prabhu For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

O R D E R

This criminal original petition has been filed seeking transfer of investigation.

2.It is seen that no FIR was registered. Only C.S.R.No.389 of 2020 was issued by the third respondent. Therefore, the question of transfer of investigation does not arise at all. Even the enquiry has since been closed. Therefore, the only remedy open to the petitioner is to move the jurisdictional Magistrate Court under Section 156(3) of CrPC.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.6113 of 2021 3.With this liberty to the petitioner, this criminal original petition is disposed of.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Deputy Inspector General of Police, O/o.Deputy Inspector General of Police, Maharaja Nagar, Tirunelveli.

2.The Superintendant of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, VK Puram Police Station, Tirunelveli District.

4.The Inspector of Police, District Crime Branch, Tirunelveli District.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-114[F] dated 04/01/2022 ) Crl.O.P(MD)No.6113 of 2021 04.01.2022 KK(CO) KB(20.01.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2