Clara Jeyarani @ Jeyarani v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Clara Jeyarani @ Jeyarani ... Petitioner/Defacto Complainant Vs.

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

2.The Inspector of Police, Uppuliyapuram Police Station, (Crime No.75 of 2021) 3.The Deputy Superintendent of Police, CBCID, Trichy, ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the withdrawal of the case in Crime No.75 of 2021 pending on the file of the respondent No.2 and entrust the same to the respondent No.3 for investigation of the case by a competent officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court. For Petitioner : Mr.N.Anandakumar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed seeking transfer of investigation in Crime No.75 of 2021, from the file of the second respondent herein to some other investigating agency.

2.The grievance of the petitioner is that the First Information Report has been registered only after three days of occurrence. Even in First Information Report, it is stated that the petitioner has not expressed any desire to lodge the complaint and stated before the police officer that no further action need be taken.

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3.But now, it is stated by the learned counsel for the petitioner that no such statement was given by her, this creates a doubt with regard to the genuineness of the investigation undertaken by the second respondent. Hence, this petition. However, it is seen that the First Information Report has been registered under Section 304(A)IPC.

4.The learned Additional Public Prosecutor (Crl.side) would submit that four witnesses have been examined and investigation has been undertaken in right direction. So, transfer at this stage cannot be considered.

5. Considering the facts and circumstances of the case and considering the request made by the learned counsel for the petitioner, there shall be a direction to the second respondent to complete the investigation and file a Final Report before the concerned Court within a period of three months from the date of receipt of a copy of this order. The compliance report shall also be filed before the Registry of this Court thereafter. 6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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 Superintendent of Police, Trichy District, Trichy.

2.

The Inspector of Police, Uppuliyapuram Police Station, 2/3

3.

The Deputy Superintendent of Police, CBCID, Trichy, 4.

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

07.07.2021 RC(14.07.2021) 3P-5C 3/3