Madras High CourtCRL OP(MD)/8409/2023disposed as infructuous

R.Seethalakshmi v. The Director General Of Police

2023-06-01Honourable Mrs Justice R. Tharani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 01/06/2023

CORAM

The Hon'ble Mrs.Justice R.THARANI R.Seethalakshmi, ... Petitioner Vs.

1. The Director General of Police, Head Quarters, Dr.Radhakrishnan Road, Chennai-600004..

2. The Superintendent of Police, Sivagangai District, Sivagangai..

3. The Deputy Superintendent of Police, Manamadurai, Sivagangai District..

4. The Inspector of Police, Ilayangudi Police Station, Sivagangai District..

5. The Deputy Superintendent Of Police, CBCID, Sivagangai District Police Office, Sivagangai District..

6. Marimuthu.

... Respondents PRAYER :- Criminal Original Petition is filed under Section 482 Cr.P.C. to transfer from the investigation in Crime No.58/2023 on the file of the R3 1/5

police to R5 and further direct the R1 to monitor the investigations. For Petitioner : M/s.Muthusamy P, Advocate.

For Respondents : B.Nambiselvan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking transfer of investigation in Crime No.58/2023 on the file of the 3rd respondent police to 5th respondent and further direct the first respondent to monitor the investigations.

2.On the side of the petitioner, it is stated that the petitioner's granddaughter, who was aged about 18 years, was sexually assaulted and the police failed to register the FIR. Only after filing the petition under Section 156(3) Cr.P.C., before the trial Court, the FIR came to be registered. The Police failed to investigate the matter properly and prayed for suitable orders.

3.On the side of the prosecution, it is stated that originally, the case was registered on 28.02.2023 by the fourth respondent. Subsequently, it 2/5

was transferred to the file of the District Superintendent of Police ,Sivagangai. Thereafter, after completing the investigation, it was closed as Mistake of Fact. RCS notice was also served by affixing the same on the door of the victim's house in the presence of Village Administrative Officer.

4.In view of the above said circumstances, this petition is dismissed as infructuous. The petitioner is at liberty to question the final report.

01.06.2023 Index : Yes/No Internet : Yes/No TM 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 Director General of Police, Head Quarters, Dr.Radhakrishnan Road, Chennai-600004..

2. The Superintendent of Police, Sivagangai District, Sivagangai..

3. The Deputy Superintendent of Police, 3/5

Manamadurai, Sivagangai District..

4. The Inspector of Police, Ilayangudi Police Station, Sivagangai District..

5. The Deputy Superintendent Of Police, CBCID, Sivagangai District Police Office, Sivagangai District.. 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

R.THARANI,J., TM

ORDER

IN CRL OP(MD) No.8409 of 2023 Date : 01/06/2023 5/5