Madras High CourtCRL OP(MD)/2691/2016disposed of

Mrs. Sabeetha v. The Superintendent Of Police

2016-02-15Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.2691 of 2016 Sabeetha .. Petitioner Vs.

1.The Superintendent of Police, Madurai District 2.The Inspector of Police, District Crime Branch, Madurai.

3.The Inspector of Police, Thirumangalam City Police Station, Thirumangalam, Madurai District .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to transfer the investigation in Cr.No.627/2015 from the third respondent to the 2nd respondent and direct the 2nd respondent to investigate the case in accordance with law and file final report within the period that may be stipulated by this Court. For Petitioner :: Mr.R.Murugan For Respondent :: Mrs.S.Prabha Government Advocate (Crl. side)

O R D E R

Seeking a direction to transfer the investigation in Cr.No.627/2015 from the third respondent to the 2nd respondent and direct the 2nd respondent to investigate the case in accordance with law and file final report within the period that may be stipulated by this Court, the petitioner has come up with this petition.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents.

3. On a reading of the complaint, it appears that the petitioner, who is the de-facto complainant, is working as a Manager in a Nationalised Bank. The accused approached the petitioner for opening a current account and since he did not provide sufficient particulars, the petitioner did not open the account. Aggrieved by which, he has posted very disparaging materials in the Facebook and other electronic Media. The respondent police have registered a case in Crime No.627/2015 on 18.12.2015 under Sections 294(b) and 506(i) IPC and Section 4 of the Tamil Nadu Women Harassment Act and they have not taken any steps to even apprehend the accused. Hence, the petitioner has come forward with this petition for change in investigation.

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4. Taking into consideration the serious nature of the allegations in the FIR, this Court is of the view that in the interest of justice, the Deputy Superintendent of Police, Thirumangalam Sub Division is directed to monitor the investigation in Crime No.627 of 2015 on the file of the third respondent and take appropriate action against the accused. The respondent police is directed to explore the possibility of invoking the provision under the Information Technology Act also. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Thirumangalam Sub Division, Madurai District. 3.The Inspector of Police, District Crime Branch, Madurai.

4.The Inspector of Police, Thirumangalam City Police Station, Thirumangalam, Madurai District.

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

+1cc to M/s.R.Murugan, Advocate Sr.No.8867/16 sm:GSV-AN:24.2.2016:2P/7c Crl. O.P. (MD) No.2691 of 2016 https://hcservices.ecourts.gov.in/hcservices/