M.Lakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9606 of 2023 M.Lakshmi ... Petitioners Vs.

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

2.The Deputy Superintendent of Police Vedasandur, Dindigul District.

3.The Sub-Inspector of Police, Gujiliamparai Police Station, Gujiliamparai, Dindigul District.

4.Ravi 5.R.Balachandar 6.R.Prathap ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation of the petitioner's complaint dated 07.03.2023 on the file of the third respondent to any 1/5

other agency and to direct them to act in accordance with law within a stipulated time frame as may be fixed by this Court. For Petitioner : Mr.K.S.Kathiravan For R1 to R3 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., to transfer the investigation of the petitioner's complaint dated 07.03.2023 on the file of the third respondent to any other agency and to direct them to act in accordance with law within a stipulated time frame as may be fixed by this Court.

2. The case of the petitioner is that the fourth respondent herein would time and again asked the petitioner to give her youngest son, namely, Pranav in adoption to him and the same was denied by the petitioner and her husband. Thereafter, the fourth respondent continuously harassed the petitioner. Therefore, he made a complaint to the third respondent and the same was not considered by the third respondent so far. Hence, this petition has been filed seeking to transfer the investigation.

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3. The third respondent is present before this Court and he has stated that based upon the complaint given by the petitioner, enquiry was undertaken. During the course of enquiry, it was found that the petitioner is having illegal affair with the fourth respondent, through which a male child was born. For some time, the fourth respondent was taking care of the child and now, the child has been taken by the petitioner and she shifted her place frequently. Therefore, the above said investigation has not been completed so far.

4. In view of the above, this Court directs the petitioner to appear before the Inspector of Police, All Women Police Station, Vedasandur, Dindigul District within a week from the date of receipt of copy of this order, since she admitted herself that the child is under her custody. On the date of appearance of the petitioner, the Investigating Officer shall enquire the petitioner.

With the above directions, this Criminal Original petition is disposed of.

05.06.2023 NCC :

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To 1.The Superintendent of Police, Dindigul, Dindigul District.

2.The Deputy Superintendent of Police Vedasandur, Dindigul District.

3.The Sub-Inspector of Police, Gujiliamparai Police Station, Gujiliamparai, Dindigul District.

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

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G.ILANGOVAN,J tta Order made in Crl.O.P.(MD)No.9606 of 2023 Dated: 05.06.2023 5/5