Madras High CourtCRL OP(MD)/13061/2021dismissed as infructuous

T.Padamalakshmi v. Secretary To Government

2021-09-07Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD) No.6711 of 2021 T.Padmalakshmi

...Petitioner

Vs.

1.The State of Tamil Nadu represented by its Secretary to Government, Department of Home, Secretariat, St.George Fort, Chennai - 9 2.The Superintendent of Police, O/o. The Superintendent of Police, Tirunelveli District.

3.The Deputy Superintendent of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District.

4.The Superintendent of Police (CBCID) CBCID Superintendent Office, B.B. Kulam, Madurai.

5.The Inspector of Police, Eruvadi Police station, Tirunelveli District.

(Crime No.150/2021)

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Respondent Nos.1 to 3 to withdraw the case in 1/3

Crime No.150 of 2021 on the file of Respondent No:5 dated 01.05.2021 and entrust the same to Respondent No:4 for investigation of the case by a Competent Officer and file a final report before the Jurisdictional Magistrate Court, Nanguneri within the time stipulated by this Court.

For Petitioner : Mr.R.Rajeshkumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This petition is filed seeking transfer of Crime No.150 of 2021 from the file of the 5th respondent to the file of some other Agency or Officer, as the case may be.

2.The learned counsel appearing for the petitioner would submit that the husband of the petitioner already died and now the petitioner is a widow. In spite of the severe assault that has been made against this petitioner by her in-laws and in spite of lodging of the complaint in Crime No.150 of 2021, no proper action has been taken and no accused has been arrested so far. 3.The learned Additional Public Prosecutor (Crl.side) appearing for the respondents would submit that investigation has been undertaken and after completion of the investigation, it was found that it is a mistake of fact. On that ground, it was closed on 01.05.2021 and also RCS notice was also served upon the petitioner. The learned counsel appearing for the petitioner would submit that the petitioner has not received any RCS from the Investigation Officer, her signature was found in the RCS notice. 4.Since the complaint has been closed, the question of transfer of investigation does not arise and the petitioner has to workout her remedy before the appropriate Court through appropriate proceedings.

5.With the aforesaid liberty, this petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Secretary to Government, Department of Home, Secretariat, St.George Fort, Chennai - 9 2.The Superintendent of Police, O/o. The Superintendent of Police, Tirunelveli District.

3.The Deputy Superintendent of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District.

4.The Superintendent of Police (CBCID) CBCID Superintendent Office, B.B. Kulam, Madurai.

5.The Inspector of Police, Eruvadi Police station, Tirunelveli District.

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

Crl.O.P.(MD)No.13061 of 2021 07.09.2021 RK (16.09.2021) 3P 7C 3/3