Madras High CourtCRL OP(MD)/22818/2018disposed of

G.Gladys v. The Superintendent Of Police

2019-03-21Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.22818 of 2018 and Crl.M.P.[MD]No.10779 of 2018 B.Gladys : Petitioner Vs.

1.The Superintendent of Police, O/o.Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

(Crime No.40 of 2016) : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent for change of investigation in Crime No.40 of 2016 dated 08.02.2016 on the file of second respondent and entrust the same to a competent officer for investigation other than the second respondent and file a Final Report before the Jurisdictional Magistrate.

For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.V.Neelkandan Additional Public Prosecutor

ORDER

The present petition has been filed to transfer the investigation in Crime No.140 of 2016 registered for the offence under Section 392 of IPC.

2.When the case was taken up on the last occasion, it was reported to the Court that the case was classified as "undetectable case". Therefore, this Court required the Registry to obtain the remarks of the magistrate concerned. The report of the learned Magistrate has been received and it discloses that except FIR nothing has been intimated to the Court.

3.In the mean time, the learned Government Advocate has filed a status report, wherein it has been stated that the Deputy Superintendent of Police, Tiruchendur Vide his proceedings dated https://hcservices.ecourts.gov.in/hcservices/

13.03.2019 in Na.Ka.No.09/MUGAM/KA.THU.KA(THIR)/2019 is instructed to reopen the case. He also submitted that the present Investigating Officer, Kulasekarapattinam Police Station assures that the investigation would be deliberately carried out. 4.This Court records the said submission of the learned Additional Public Prosecutor. Now the Deputy Superintendent of Police, Tiruchendur is directed to monitor the investigation of this case and the second respondent is directed to lay charge sheet within a period of six months from the date of receipt of a copy of this order. Hence, this criminal Original petition is disposed of. Consequently, the connected Crl.M.P.[MD]No.10779 of 2018 is also closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Deputy Superintendent of Police, Tiruchendur.

2.The Superintendent of Police, O/o.Superintendent of Police, Thoothukudi, Thoothukudi District.

3.The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.

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

+1 CC to M/s.V.RAJIV RUFUS, Advocate in SR-56094 Crl.O.P.[MD]No.22818 of 2018 and Crl.M.P.[MD]No.10779 of 2018 21.03.2019 vsg PK/02.05.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/