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Madras High CourtCRL OP(MD)/8000/2022disposed of

Malika Patel v. The Superintendent Of Police

2022-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.8000 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.8000 of 2022 Mallika Patel

...Petitioner

Vs.

1. The Superintendent of Police, Trichy District, Trichy.

2. The Additional Superintendent of Police Trichy District, Trichy.

3. The State Represented by, The Inspector of Police, Anti-land Grabbing Cell, District Crime Branch, Trichy District, (In Crime No.12 of 2019)

...Respondents No.1 to 3

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to withdraw the case pending in Crime No.12 of 2019 from the file of 3rd respondent and transfer the same to the file of 2nd respondent with the direction to conduct further investigation and to file charge sheet in accordance with law within the period that may be stipulated by this Hon'ble Court.

For Petitioner : Mr. R. Gandhi For Respondents : Mr. R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mrs. AL. Gandhimathi

ORDER

This petition has been filed seeking direction to withdraw the case pending in Crime No.12 of 2019 from the file of third respondent and transfer the same to the file of the second respondent with the direction to conduct further investigation and to file charge sheet in accordance with law within the period that may be stipulated by this Court.

2. The petitioner being an accused cannot seek for transfer of investigation.

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Crl.O.P.(MD) No.8000 of 2022

3. The learned counsel for the petitioner would submit that the second respondent conducted enquiry and ordered for departmental proceedings as against the Inspector of Police and it is pending and therefore she will not get fair investigation if the same officer conduct the investigation.

4. The learned Additional Public Prosecutor would submit that now the said officer has been transferred and new officer has taken charge of the third respondent police station and the investigation is pending.

5. Considering the above, transfer of investigation cannot be ordered as requested by the petitioner. However the third respondent is directed conduct investigation and complete the same as expeditiously as possible and the second respondent is directed to monitor the investigation done by the third respondent.

6. With the above direction, the Criminal Original Petition stands disposed of Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Superintendent of Police, Trichy District, Trichy.

2. The Additional Superintendent of Police Trichy District, Trichy.

3. The Inspector of Police, Anti-land Grabbing Cell, District Crime Branch, Trichy District, 4.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD) No.8000 of 2022 28.04.2022 RD(18.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2