Madras High CourtCRL OP(MD)/11160/2021dismissed as infructuous

Chitra v. The Sub Inspector Of Police

2021-09-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.11160 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11160 of 2021 Chitra ... Petitioner Vs 1.The Sub-Inspector of Police, Town West Police Station, Dindugul, in Crime No.301 of 2021.

2.The Inspector, CBCID, Dindigul Unit.

... Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the investigation in Crime No.301 of 2021 pending on the file of the 1st respondent to CBCID, Dindugul Unit and to investigate the said case in Crime No.301 of 2021 and to file a final report within the stipulated time.

For Petitioner : Mr.S.Vijayashanthi Advocate.

For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

O R D E R

This petition has been filed to transfer the investigation in Crime No.301 of 2021 pending on the file of the 1st respondent to CBCID, Dindugul Unit and to investigate the said case in Crime No.301 of 2021 and to file a final report within the stipulated time.

2. The case of the petitioner is that the accused No.4 is the son of one Police Officer. Only at the instigation of the accused No.4, a murder has been committed by the other accused persons to grab money and jewels from one Ramkumar. However, no action has been taken and necessary witnesses have also not been examined. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11160 of 2021

3. The learned Additional Public Prosecutor would submit that so far twenty four witnesses have been examined and the final report was filed before the learned Judicial Magistrate No.1, Dindigul which was taken on file in P.R.C.No.40 of 2021 and now it is pending for committal.

4. Since the final report has been filed before the concerned Court and the investigation was also completed, transfer of investigation is not proper. However, the petitioner is at liberty to work out her remedy through appropriate proceedings, if aggrieved by the final report.

5. Accordingly, this Criminal Original Petition stands dismissed as infructuous.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) ssb 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 Sub-Inspector of Police, Town West Police Station, Dindugul.

2.The Inspector, CBCID, Dindigul Unit.

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

+1 CC to M/s.S.VIJAYASHANTHI, Advocate ( SR-29408[F] dated 17/09/2021 ) CRL OP(MD) No.11160 of 2021 Date : 15.09.2021 RK (24.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2