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Madras High CourtCRL OP(MD)/4777/2016closed

S. Thangam @ Thangarani v. The Director General Of Police

2019-06-20Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.(MD)No.4777 of 2016 S.Thangam @ Thangarani ... Petitioner Vs.

1. The Director General of Police, Kamarajar Salai, Chennai.

2. The Superintendent of Police, Kanyakumari District, Nagercoil.

3. The Inspector of Police, Rajakamangalam Police Station, Rajakamangalam, Kanyakumari District.

4. The Inspector of Police, CBCID, Nagercoil, Kanyakumari District.

... Respondents Prayer: Petition filed under Section 482 of the Criminal Procedure Code to transfer the investigation in Crime no.421 of 2012 from the file of the Inspector of Police, Rajakamangalam Police Station (third respondent herein) to the Inspector of Police, CBCID, Nagercoil, Kanyakumari District (fourth respondent herein) or any other agency.

For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.S.Chandrasekar, Additional Public Prosecutor *****

ORDER

This Criminal Original Petition has been filed by the petitioner seeking transfer of investigation in respect of Crime No.421 of 2012 on the file of the Inspector of Police, Rajakamangalam Police Station, Rajakamangalam, Kanyakumari District to the file of the Inspector of Police, CBCID, Nagercoil, Kanyakumari District.

2. According to the petitioner, her husband, namely, Jaganathan, was missing from 30.08.2012 and in this regard, a case has been registered at the instance of her mother-in-law in Crime no.414 of 2012, for man missing. Later, the said Jaganathan was found dead in a suspicious circumstances and on the complaint of the Village Administrative Officer, another case came to be registered in Crime no.421 of 2012 on the file of the Rajakamangalam Police Station, under Section 174 Cr.P.C. Though the case has been registered wayback in the year 2012, alleging that the final report has not yet filed, the petitioner has approached this Court seeking transfer of investigation.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor, on instructions, submitted that the final report has been filed in Crime no.421 of 2012 as against two accused, for the commission of offence under Sections 364, 302, 324 & 201 IPC. He further submitted that the final report has been taken on file by the learned Judicial Magistrate No.I, Nagercoil, in P.R.C.No.13 of 2016. According to the learned Additional Public Prosecutor, out of the two accused, one of them is yet to be apprehended and therefore, the committal proceedings would not be completed. He further assured this Court that the respondent police is taking stringent efforts to complete the committal proceedings.

4. Under such circumstances, recording the submission made by the learned Additional Public Prosecutor, this criminal original petition is closed as no further order is required to be passed.

Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) gk To

1. The Director General of Police, Kamarajar Salai, Chennai.

2. The Superintendent of Police, Kanyakumari District, Nagercoil.

3. The Inspector of Police, Rajakamangalam Police Station, Rajakamangalam, Kanyakumari District.

4. The Inspector of Police, CBCID, Nagercoil, Kanyakumari District.

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

Crl.O.P.(MD)No.4777 of 2016 20.06.2019 KS(04.07.2019) 3 P 6 C