Madras High CourtCRL OP(MD)/15105/2018disposed of

V. Jeevarathinam v. The Superintendent Of Police

2018-08-27Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15105 of 2018 V.Jeevarathinam : Petitioner Vs.

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

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

: Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the first respondent to transfer the investigation in Crime No.247 of 2018 from the file of the second respondent to any other police station which is under the control of the first respondent for conducting an impartial investigation in this case. For Petitioner : Mr.N.Pragalathan For Respondents : Ms.S.Bharathi Government Advocate

ORDER

The Criminal Original Petition has been filed to transfer the investigation in Crime No.247 of 2018 from the file of the second respondent police.

2. Admittedly, in this case, the dispute is between the husband and the wife and the husband has given a complaint against his wife and the same has resulted in the registration of an First Information Report in C.C.No.247 of 2018 by the second respondent police.

3. The learned counsel for the petitioner would submit that the second respondent police have not take any steps to investigate the matter and therefore the present petition has been filed for transfer to investigation.

4. The learned Government Advocate would submit that subsequent to registration of the First Information Report, on preliminary investigation, First Information Report has been registered for an https://hcservices.ecourts.gov.in/hcservices/

offence under Sections 448, 294(b), 323, 427, 506(2), 120(B) and 380 of IPC. The learned Government Advocate would further submit that the investigation is almost completed and final report will be filed by the second respondent police.

5. Having regard to the relationship between the parties and the fact that the investigation has been completed and a final report is going to be filed by the second respondent police, this Court does not deem it fit to interfere with the investigation at this stage or order for a change of investigation.

6. Hence, there shall be a direction to the second respondent to file a final report as expeditiously as possible from the date of receipt of copy of this order.

7. With the above directions, the criminal original petition is disposed of.

Sd/- Assistant Registrar(A.S.) /True Copy/ Sub Assistant Registrar(CS IV) sji To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Thoothukudi North Police Station, Thoothukudi, Thoothukudi District.

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

1CC TO MR.N. PRAGALATHAN, ADVOCATE SR 80182 DS SV SAR 4 4 10 2018 2P 5C Crl.O.P.[MD].No.15105 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/