R. Jegatha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.16703 of 2018 R.Jegatha

...Petitioner

Vs.

1.The Superintendent of Police, Kanyakumari District, Tuticorin.

2.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.

3.The Inspector of Police, All Women Police Station, Kanyakumari.

(Crime No.01 of 2018)

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in Crime No.01 of 2018 on the file of the third respondent police to some other police at another District.

For Petitioner : Mr.Ka.Raamakrishnan For Respondents: Mrs.Bharathi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking for transfer, which is pending on the file of the third respondent in Crime No.1 of 2018.

2.The learned counsel for the petitioner would submit that in this case there are totally seven accused persons and A6 and A7 are advocates and they are continuously interfering with the investigation done by the respondent police. The learned counsel further submits that the respondent police is not taking effective steps even to recover the jewels of the petitioner, which is illegally kept by the husband of the petitioner. The learned counsel would submit that due to the interference of the advocates, the respondent police is not in a position to

investigate the case properly and therefore, the investigation must be transferred to some other police station. 3.Per contra, the learned Government Advocate (Crl.side), on instructions, would submit that there was no interference by A6 and A7 and the Investigating Officer has already examined five witnesses in this case. The learned counsel would further submit that the investigation is carried on effectively and there is no requirement for any transfer of investigation as sought for by the petitioner.

4.This Court has carefully considered the submissions made on either side.

5.It is seen that the First Information Report was registered on 01.01.2018. The registration of First Information Report had happened after the report was received from the Legal Services Authority. The Sub-Inspector of Police, who was present in Court has also informed this Court that there is no interference from the advocates, who have been arrayed as A6 and A7 in this case. 6.In view of the facts and circumstances of the case, this Court does not find any valid ground to transfer the investigation. However, there shall be a direction to the third respondent to complete the investigation effectively and file a final report within a period of three months from the date of receipt of a copy of this order.

7.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Superintendent of Police, Kanyakumari District, Tuticorin.

2.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.

3.The Inspector of Police, All Women Police Station, Kanyakumari.

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

+ 1 CC TO MR.Ka.RAAMAKRISHNAN, ADVOCATE IN SR NO.86143 RMK BU/PM/SAR-IV :15.10.2018 : 3P/6C Crl.O.P.(MD)No.16703 of 2018 19.09.2018