Madras High CourtCRL OP(MD)/7661/2023disposed of

Vijayalakshmi v. The Superintendent Of Police

2023-04-25Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Vijayalakshmi ... Petitioner/Defacto Complainant Vs.

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

2.The Inspector of Police, Valanadu Police Station, Trichy District.

... Respondents/Complainants PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction to change the investigation to any investigation agency in Crime No: 26 of 2023 on the file of 2nd respondent and further issue a direction restraining the 2nd respondent from investigating in said Crime No.26 of 2023. For Petitioner : Mr.A.Vadivel For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

O R D E R This Criminal Original Petition has been filed seeking direction to change the investigation to any investigation agency in Crime No: 26 of 2023 on the file of 2nd respondent and further issue a direction restraining the 2nd respondent from investigating in said Crime No.26 of 2023. 2.The learned Additional Public Prosecutor submitted that only on 12.02.2023 the above said FIR has been registered for the offence punishable under Sections 294(b), 447 and 506(i) of IPC, against four persons. Now the investigation is going on. All the accused persons have been granted anticipatory bail by the Courts below. 3.The grievance of the petitioner is that there is a proposal by the respondent police to close the matter as Mistake of Fact. It is a premature stage, to entertain this petition.

4.Perusal of CD file shows that no such material has been collected to close the above said FIR. Since there is a injury, there shall be a direction to complete the process of investigation by the respondent police, within a period of three months from the date of receipt of a copy of this order and file the final report before the concerned Court. If the 2/4

petitioner is still aggrieved, he can workout his remedy through appropriate proceedings.

5.With the above said directions, this criminal original petition is disposed of.

25.04.2023 Index : Yes/No Internet : Yes/No TM To 1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, Valanadu Police Station, Trichy District.

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

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G.ILANGOVAN. J.

TM 25.04.2023 4/4