Madras High CourtCRL OP(MD)/10927/2023disposed of

P.Gladys Lily Paulsamy v. The Superintendent Of Police

2023-06-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10927 of 2023 P.Gladys Lily Paulsamy ... Petitioner/Complainant Vs.

1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Kanyakumari District.

3.Mr.Arul Devadasan ... Respondents/Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the 1st respondent to transfer the investigation of the petitioner's complaint dated 15.04.2023 from the file of the 2nd respondent to some other agencies. For Petitioner : Mr. R.Anand For Respondents : Mr.B.Nambiselvan for R1 and R2 Additional Public Prosecutor 1/4

O R D E R This criminal original petition has been filed seeking direction to the 1st respondent to transfer the investigation of the petitioner's complaint, dated 15.04.2023 from the file of the 2nd respondent to some other agencies.

2.It is seen that even without ascertaining whether the above said complaint has been received by the second respondent herein, this petition has been filed by the petitioner seeking transfer of investigation. 3.The learned Additional Public Prosecutor would submit that even though the above said complaint is dated 15.04.2023, the above said complaint has not been received by the second respondent so far. 4.The learned counsel for the petitioner would submit that it was addressed to Superintendent of Police, Kanniyakumari District, for which a receipt is also enclosed. It is for the petitioner to ascertain whether the complaint has been received by the authority concerned. Even without ascertaining the above said situation, this petition has been filed. 2/4

5.Let a fresh complaint be given by the petitioner before the concerned authority. On such receipt of fresh representation, the concerned authority shall enquire the same on its own merits and in accordance with law.

6.With the above said directions, this criminal original petition stands disposed of.

20.06.2023 Index : Yes/No Internet : Yes/No TM To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, District Crime Branch, Kanyakumari District.

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

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G.ILANGOVAN. J.

TM 20.06.2023 4/4