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Madras High CourtCRL OP(MD)/2167/2019ordered

T.R.Metha v. The Commissioner Of Police

2019-09-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD).No.2167 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No.2167 of 2019 T.R. Metha ... Petitioner Vs.

1. The Commissioner of Police Trichy City, Trichy

2. The Sub Inspector of Police Sessions Court Police Station Trichy

3. Manivannan (Impleaded as per the order of this Court dated 09.09.2019 in Crl.M.P(MD) No.

3301 of 2019) ... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation of the case in Crime No. 30 of 2019 dated 10.01.2019 from the file of the second respondent to any other competent agency to investigate and file final report. For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.K.Suyambulinga Bharathi No.1 and 2 Government Advocate(Crl.Side)

O R D E R

This petition has been filed to direct the first respondent to transfer the investigation of the case in Crime No. 30 of 2019 dated 10.01.2019 from the file of the second respondent to any other competent agency to investigate and file final report.

2. The learned counsel for the petitioner would submit that the said occurrence took place in the court premises while the proceedings were going on in H.M.O.P No.338 of 2015 and 295 of 2016 on the file of the II Additional Sub Court, Tiruchirapalli. Now the learned counsel for the petitioner would submit that the divorce petition is disposed of by granting a decree in favour of the husband/respondent.

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Crl.O.P(MD).No.2167 of 2019

3. Considering the above facts investigation cannot be transferred to any other agency at this stage, since the counter complaint is pending before the same respondent.

4. Hence this petition is dismissed. However the second respondent is directed to complete the enquiry in Crime No.30 of 2019 along with counter complaint lodged by the defacto complainant and file a final report in both the complainants within a period of three months from the date of receipt of a copy of this order. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To

1. The Commissioner of Police Trichy City, Trichy

2. The Sub Inspector of Police Sessions Court Police Station Trichy 3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.KARNAN, Advocate ( SR-85980[F] dated 09/09/2019 ) +1 CC to M/s.A.CHANDRA KUMAR, Advocate ( SR-86071[F] dated 10/09/2019 ) Crl.O.P(MD).No.2 09.09.2019 aav MS/25.09.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/