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Madras High CourtWP(MD)/15482/2021dismissed

Jeevitha S v. State Of Tamil Nadu Rep By

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Jeevitha ... Petitioner Vs 1.State of Tamil Nadu, Represented by, The Principal Secretary, Department of Home, State Secretariat, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Chennai - 600 004.

3.The Additional Director General of Police (CB-CID), SIDCO Electronics Complex, Block No.3, 1st Floor, Guindy Industrial Estate, Chennai - 600 032.

4.The Inspector General of Police, Central Zone, Kajamalai Colony, Edamlaipattipudur, Trichy District, Tamil Nadu - 620 023.

5.The Superintendent of Police, Office of the Superintendent of Police, Kajamalai Colony, Trichy - 620 020.

6.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Lalgudi Range, Siruthaiyur, Paramasivapuram, Lalgudi, Trichy - 621 601.

7.The Inspector of Police, Lalgudi Police Station, Lalgudi, Trichy - 621 601.

... Respondents 1/3

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the second respondent to withdraw the case in Crime No.1712 of 2020, dated 07.11.2020 on the file of the seventh respondent and entrust the same to the third respondent for completion of investigation and file charge sheet in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed for transfer of investigation in Crime No.1712 of 2020, dated 07.11.2020 from the file of the seventh respondent to the file of the third respondent. 2.The learned Government Advocate (Criminal Side) appearing for the respondents would submit that based on the complaint lodged by the petitioner, dated 07.11.2020, the seventh respondent registered a case in Crime No.1712 of 2020 under Section 174(3) of Cr.P.C. Thereafter, after completion of enquiry, F.I.R has been closed as 'action dropped' and the referred charge-sheet was also filed before the learned Judicial Magistrate, Lalgudi, Trichirappalli District on 07.01.2021.

3.However, the learned counsel appearing for the petitioner would submit that even till today, the petitioner was not served with any referred charge-sheet notice.

4.In view of the above, the transfer of investigation does not arise, since no investigation is pending on the file of the seventh respondent. Accordingly, the Writ Petition is devoid of merits and the same is dismissed. The seventh respondent is directed to serve the referred charge-sheet to the petitioner in Crime No.1712 of 2020 within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the petitioner is at liberty to file a protest petition before the concerned Jurisdictional Court in the manner known to law, if she is so advised. No costs. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ps 2/3

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 Principal Secretary, Department of Home, State Secretariat, Fort St. George, Chennai - 600 009.

2.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Chennai - 600 004.

3.The Additional Director General of Police (CB-CID), SIDCO Electronics Complex, Block No.3, 1st Floor, Guindy Industrial Estate, Chennai - 600 032.

4.The Inspector General of Police, Central Zone, Kajamalai Colony, Edamlaipattipudur, Trichy District, Tamil Nadu - 620 023.

5.The Superintendent of Police, Office of the Superintendent of Police, Kajamalai Colony, Trichy - 620 020.

6.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Lalgudi Range, Siruthaiyur, Paramasivapuram, Lalgudi, Trichy - 621 601.

7.The Inspector of Police, Lalgudi Police Station, Lalgudi,Trichy - 621 601.

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

18.03.2022 RK(30/03/2022) 3P 9C 3/3