Madras High CourtCRL OP(MD)/10391/2022disposed of

Kaleeshwari v. The Superintendent Of Police

2022-06-13Honourable Mr Justice V.Sivagnanam2 pages

CRL.O.P (MD) No.10391 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10391 of 2022 Kaleeshwari

...Petitioner

Vs.

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

2.The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent No.1 to withdraw the complaint dated 09.03.2022 pending before the respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation based on the petitioner's representation dated 23.03.2022.

For Petitioner : Mr.V.Selvakumar For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl.side)

ORDER

This petition has been filed to direct the first respondent to withdraw the complaint, dated 09.03.2022 pending before the second respondent and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation based on the petitioner's representation, dated 23.03.2022. 2.The learned counsel for the petitioner submitted that originally, the prayer in the petition is seeking a direction to the first respondent to withdraw the complaint dated 09.03.2022 on the file of the second respondent police and to transfer the same to some other Inspector of Police. Now, the petitioner restricted his prayer only to complete the investigation.

3.The learned Government Advocate (Crl.side) submitted that based on the complaint, dated 09.03.2022 and representation dated 23.03.2022 given by the petitioner, the second respondent police has conducted a detailed enquiry and the same has been closed on 12.06.2022, as no cognizable case is made out. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.10391 of 2022

4. I have considered the matter in the light of the submissions made by the parties.

5.Admittedly, the petitioner gave a complaint to the respondent police on 09.03.2022 and subsequently, he gave a representation dated 23.03.2022 for change of investigation. According to the learend Government Advocate (Crl.side), the complaint has been enquired and the same has been closed on 12.06.2022, as no cognizable case is made out and closure report has also been issued to the petitioner.

6.The learned counsel appearing for the petitioner would submit that so far, the petitioner has not received any report.

7. In view of the above submission, this Criminal Original Petition is disposed of. However, the 2nd respondent is hereby directed to serve closure report to the petitioner. The petitioner is at liberty to take appropriate legal action in this matter. Sd/- Assistant Registrar() // True Copy // /07/2022 Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.

2.The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

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

CRL.O.P (MD) No.10391 of 2022 13.06.2022 SG(CO) KB(01.07.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2