Madras High CourtCRL OP(MD)/7834/2021dismissed as infructuous

Tmt. S. Jeyalakshmi v. The City Commissioner Of Police

2021-09-21Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN and Crl.MP(MD)Nos.4009 & 4010 of 2021 S.Jeyalakshmi ... petitioner vs.

1.The City Commissioner of Police, Subramaniyapuram, Office of the City Commissioner of Police, 2.A.K.Sundaramoorthy, The Assistand Commissioner of Police, Srirangam Division, 3.Thangavel, The Inspector of Police, Thillai Nagar Police Station, Tiruchirapalli 4.Kamala Kannan The Sub Inspector of Police, Thillai Nagar Police Station, 5.S.Subramanian 6.S.Swaminathan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to pass an order fro the Transfer of investigation in Crime No.258 of 2021 in Thillai Nagar Police Station from the third respondent to any other Investigating Agency similar to Crime Branch C.I.D Police Wing directing the complaint received from the petitioner on 10.04.2021 and enquire into and deal with the same.

For petitioner : Mr.S.K.Mani For R1 to R4 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R5 & R6 : Mr.R.Gandhi 1/3

O R D E R

This petition has been filed to transfer the investigation in Crime No.258 of 2021 on the file of the third respondent herein to some other Agency or Officer.

2.When the matter was taken up for hearing, the learned counsel for the petitioner would submit that the CCTV footage available in the Police Station will give information as to the non involvement of the petitioner and the alleged occurrence. He has also given a complaint regarding this and there was no action. 3.The learned Additional Public Prosecutor would submit that investigation has been completed and final report was filed before the learned Judicial Magistrate-No.IV, Trichy, and the same has been taken on file in C.C.No.287 of 2021 and the matter was posted to 13.10.2021 for appearance of the accused. So, at this juncture, question of transfer of investigation may not arise. 4.

The learned counsel for the petitioner seeks liberty to work out his remedy before the concerned Magistrate Court with regard to recover the CCTV footage and call logs of the phones between 09.04.2021 to 16.04.2021. The right is always available to the petitioner and no permission is required from the Court. 5.With the above said liberty, this petition is dismissed as infructuous. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The City Commissioner of Police, Subramaniyapuram, Office of the City Commissioner of Police, 2/3

2.The Assistand Commissioner of Police, Srirangam Division, 3.The Inspector of Police, Thillai Nagar Police Station, Tiruchirapalli 4.The Sub Inspector of Police, Thillai Nagar Police Sation, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.GANDHI, Advocate ( SR-29817[F] dated 21/09/2021 ) and Crl.MP(MD)Nos.4009 & 4010 of 2021 21.09.2021 RS (01.10.2021) 3P 7C 3/3