Madras High CourtCRL OP(MD)/8133/2020disposed of

M. Asha v. The Commissioner Of Police

2020-08-04Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8133 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8133 of 2020 M.Asha

...Petitioner/Defacto Complainant

Vs.

1.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner, CCB Madurai.

3.State thro Inspector of Police(Crime), K.Pudur Police Station, Madurai (In Crime No.720 of 2019)

...Respondents/Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation of F.I.R in Crime No.720 of 2019 from the file of third respondent to the file of second respondent for proper investigation.

For Petitioner : Ms.S.Devasena For Respondents : Mr.S.Chandra Sekar Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to direct the first respondent police to withdraw the investigation in Crime No.720 of 2019 pending on the file of third respondent and to transfer the same to the file of second respondent for proper investigation.

2.The learned counsel for the petitioner would submit that the petitioner is the practising Advocate of Madurai Bench of Madras High Court and she was residing independently without any support from others. He would further submit that during the time of occurrence, the gold chain weighing about 6 sovereigns and Rs.3000/- cash have been stolen away, for which, on the complaint given by the petitioner a case has been registered in Crime No.720 of 2020 under Section 380 of I.P.C. on the file of the third respondent. The main grievance of the petitioner is that after registering the case, for the past one year the third respondent has not taken any effective steps to recover the stolen property and to complete the investigation.

3.The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that though several efforts have https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8133 of 2020 been made by the third respondent in this case, no clue has been obtained and till now, the stolen property has not been recovered. 4.Now on considering the submissions made by the learned counsel appearing on either side, it is made clear due to the loss of gold chain the petitioner suffered like anything. Hence, in the said circumstances, it would be appropriate to give some direction for completing the investigation. Accordingly, 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. Further the Assistant Commissioner of Police (Crime), Anna Nagar, Madurai, is directed to monitor the investigation conducted by the third respondent in Crime No.720 of 2019.

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

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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 Commissioner of Police, Madurai City. 2.The Assistant Commissioner, CCB Madurai.

3.The Inspector of Police(Crime), K.Pudur Police Station, Madurai.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to The Assistant Commissioner of Police(Crime) Anna Nagar, Madurai Crl.O.P.[MD]No.8133 of 2020 04.08.2020 KB(20.08.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2