← Library
Madras High CourtCRL OP(MD)/14629/2018closed

R.Shanthi v. The Commissioner Of Police,

2018-08-20Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.14629 of 2018 R.Shanthi ...... Petitioner Vs.

1. The Commissioner of Police Commissioner Office Alagar Kovil Road, Madurai.

2. The Assistant Commissioner of Police Central Crime Branch Commissioner Office Alagar Kovil Road, Madurai

3. The Inspector of Police Central Crime Branch(Team-I) Madurai

4. The Sub Inspector of Police Central Crime Branch (Team-I) Madurai.

......... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.20 of 2018 from the fourth respondent to the second respondent herein consequently direct the second respondent to deput a competent investigation officer to take up the investigation and investigate the same and proceed as per law.

For Petitioner : Mr.J.Sathiaraj For Respondents : Mrs.S.Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.20 of 2018 from the fourth respondent police to any other competent investigating officer.

2. The learned counsel for the petitioner would submit that the First Information Report itself came to be registered only pursuant to the orders passed by the Jurisdiction Magistrate under Section 156(3) of Cr.P.C. Even subsequent to the registration of the First Information Report, no investigation was made by the fourth respondent and therefore the present petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

3. Per contra, the learned Government Advocate (Crl.Side) would submit that the fourth respondent has investigated the case and after investigation closure report has been filed before the learned Judicial Magistrate No.I, Madurai and RCS notice has also been served on the petitioner.

4. In view of this development no further orders can be passed in this petition. However, liberty is given to the petitioner to file protest petition on the RCS notice served on her and proceed her case in accordance with law.

5. The Criminal Original Petition is closed accordingly. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Commissioner of Police Commissioner Office Alagar Kovil Road, Madurai.

2. The Assistant Commissioner of Police Central Crime Branch Commissioner Office Alagar Kovil Road, Madurai

3. The Inspector of Police Central Crime Branch(Team-I) Madurai

4. The Sub Inspector of Police Central Crime Branch (Team-I) Madurai.

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

+1cc to Mr.J.Sathiaraj, Advocate Sr.No.79576 AAV VB/RP/SAR3/05.09.2018/2P/7C Crl.O.P.[MD].No.14629 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/