Rajeshkumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Rajeshkumar ... Petitioner versus

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Kumbakonam West Police Station, Kumbakonam, Thanjavur.

3. The Inspector of Police, Crime Branch Criminal Investigation Department, Kumbakonam, Thanjavur District.

... Respondents Petition filed under Section 482 Cr.P.C. seeking a direction to the first respondent to transfer the investigation pending in Crime No.714 of 2023 on the file of the 2nd respondent Police to the 3rd respondent 1/5

office or any other agency based on the petitioner's representation dated 23.02.2023.

For Petitioner : Mr.T.Palanisamy For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor

ORDER

The petitioner/defacto complainant in Crime No.714 of 2023 has approached this Court for transfer of investigation. 2.The main contention of the petitioner is that though the case was registered on 16.12.2023, the second respondent police has not taken any steps to arrest the accused.

3.According to the learned counsel for the petitioner, the second respondent police is not completing the investigation in a proper manner.

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4.The learned Additional Public Prosecutor submits that the complaint of this petitioner was duly registered in Crime No.714 of 2023 for the offence under Sections 147, 148, 294(b), 323, 341, 352 and 506(ii) of IPC. The case of the petitioner is that the marriage was solemnized between the petitioner and the first accused eight years back and on 16.06.2023, the accused persons have assaulted the defacto complainant/wife of the first accused. He has also produced the order copy in Crl.O.P.(MD)No.2146 of 2024 and submits that the case has been registered as against seven persons and all these persons have moved an application before this Court for anticipatory bail and this Court by order dated 12.02.2024 granted anticipatory bail to all these accused.

5.Considering the submissions of the learned Additional Public Prosecutor that it is only a matrimonial dispute, a case was also registered on the complaint of the petitioner and the co-accused were already granted anticipatory bail, this Court finds no reason to transfer the investigation.

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6.Accordingly, this Writ Petition is dismissed. No costs. 16.04.2024 NCC : Yes / No.

Index : Yes / No.

Internet: Yes / No.

sji To

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Kumbakonam West Police Station, Kumbakonam, Thanjavur.

3. The Inspector of Police, Crime Branch Criminal Investigation Department, Kumbakonam, Thanjavur District.

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

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B.PUGALENDHI, J.

sji 16.04.2024 5/5