Madras High CourtCRL OP(MD)/12174/2021disposed of

Devi v. The Commissioner Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12174 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.12174 of 2021 and Crl.M.P(MD) No.6251 of 2021 Devi

...Petitioner

Vs.

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2. The Inspector of Police, D1 Thallakulam Police Station, Madurai City.

3. Rohinin

4. Ayyanan

5. Sanjeev Pandi

6. Papa

...Respondents

(*R3 to R6 Suomotu Impleaded as per order dated 25.08.2021) PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the Investigation of the case in Crime No.2123 of 2019 on the file of the 2nd Respondent to any other investigating agency.

For Petitioner : Mr.Niranjan.S.Kumar For Respondents : Mr.B.Thanga Aravindh No.1 & 2 Government Advocate(Criminal Side) No.3 to 6 : No appearance

ORDER

This petition has been filed seeking direction to transfer the Investigation of the case in Crime No.2123 of 2019 on the file of the second respondent to any other investigating agency.

2. The learned counsel for the petitioner would submit that initially the petitioner has lodged complaint and the same has not been registered by the second respondent, therefore the petitioner was constrained to file a petition under Section 156(3) of Cr.P.C on https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12174 of 2021 the file of the learned Judicial Magistrate No.II, Madurai. Thereafter on the direction issued by the Court below, the second respondent registered a case in crime No.2123 of 2019 for the offences under Sections 120(B),294(b), 406, 420 and 506(ii) of IPC and even till today the second respondent failed to secure the accused and kept the same in cold storage without conducting any investigation.

3. In view of the same, the second respondent is directed to complete the investigation and file the final report before the concerned Court within a period of twelve weeks from the date of receipt of a copy of this order. Further the first respondent is directed to monitor the investigation done by the second respondent.

4. With the above direction, the Criminal Original Petition stands disposed of. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2. The Inspector of Police, D1 Thallakulam Police Station, Madurai City.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court +1 CC toM/s.NIRANJAN S.KUMAR,Advocate(SR-22056[F] dated 28/04/2022 ) +1 CC toM/s.NIRANJAN S.KUMAR,Advocate(SR-22057[F] dated 28/04/2022 ) ORDER MADE IN Crl.O.P.(MD) No.12174 of 2021 and Crl.M.P(MD) No.6251 of 2021 26.04.2022 PKP/11.05.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2