Rekha .G v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.8344 of 2024 and WMP(MD) Nos.7557, 7559 & 7562 of 2024 Rekha .G ... Petitioner Vs 1.The State of Tamil Nadu, Rep. by the Additional Chief Secretary to Government, Home (Prohibition and Excise) Department, Secretariat, Chennai - 600 009.
2.The Director General of Police, O/o.The Director General of Police, No.1, Karamarajar Salai, Mylapore, Chennai.
3.The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Kanykumari District, Nagercoil.
4.The Superintendent of Police, O/o.The Superintendent of Police, Kanyakumari District, Nagercoil.
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5.The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District.
Crime No.69/2024.
6.The Inspector of Police, CBCID, Nagercoil, Kanyakumari District.
...Respondents
PRAYER :Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the 2nd Respondent herein to Transfer the Investigation in Crime No. 69/2024 on the file of the Inspector of Police, Kottar Police Station, Kanyakumari District / the 5th respondent herein to the Inspector of Police, CBCID Nagercoil on the basis of the representation dated 19.03.2024.
For Petitioner : Mr.S.Vinayak For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor
O R D E R
The petitioner is the wife of accused, who is facing criminal prosecution before the respondent police for the offence under Section 302 IPC in Crime No.69 of 2024 on the file of the 2/6
Inspector of Police, Kottar Police Station. The grievance of the petitioner is that the petitioner's vehicle bearing Registration No.TN 84 6951 has been seized by the respondent police, which according to the petitioner is not connected with the crime, said to have been committed by her husband. The investigating officer has not collected the CCTV footages, which are crucial piece of material evidence in this case. Therefore, the petitioner has submitted a representation to the respondents on 19.03.2024 citing all her grievances and also stating that the investigation in this case is in a biased manner. However, no action has been taken by the respondents. Therefore, the petitioner is before this Court. 2.Mr.T.Senthil Kumar, learned Additional Public Prosecutor takes notice for the respondents and submits that the investigation in this case is under progress. 3.If the petitioner is having any material facts in connection with the above crime, she can very well produce the 3/6
same before the respondent police. The investigating agency shall conduct the investigation in a fair and transparent manner. This Court is not inclined to entertain this writ petition. 4.Accordingly this writ petition is dismissed. No costs. Consequently, connected Miscellaneous petitions are closed. 03.04.2024 NCC : Yes / No.
Index : Yes / No.
Internet : Yes.
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To 1.The Additional Chief Secretary to Government, Home (Prohibition and Excise) Department, Secretariat, Chennai - 600 009.
2.The Director General of Police, O/o.The Director General of Police, No.1, Karamarajar Salai, Mylapore, Chennai.
3.The District Collector and District Magistrate, O/o.The District Collector and District Magistrate, Kanykumari District, Nagercoil.
4.The Superintendent of Police, O/o.The Superintendent of Police, Kanyakumari District, Nagercoil.
5.The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District.
Crime No.69/2024.
6.The Inspector of Police, CBCID, Nagercoil, Kanyakumari District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.8344 of 2024 and WMP(MD) Nos.7557, 7559 & 7562 of 2024 03.04.2024 6/6