Selin Mary v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.10.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Selin Mary ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil 2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

(Crime No.10 of 2019) 3.Mrs.Laiza Sub Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to transfer the investigation of Crime No.10 of 2019 from the file of the second respondent to some other unbiased police

or competent agency to conduct fair and impartial investigation in accordance with law.

For Petitioner : Mr.A.Balakrishnan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R1 & R2

ORDER

This Criminal Original Petition has been filed to transfer the investigation of Crime No.10 of 2019 from the file of the second respondent to some other unbiased police or competent agency to conduct fair and impartial investigation in accordance with law.

2. According to the petitioner, she worked as a Nurse in Kuwait for the past 8 years. While she was working in Kuwait, she stayed along with other Indians in the house allotted by the hospital. At that time, the petitioner's ATM card was stolen by some other person.

3. After she came to India, she made a complaint before the first respondent police on 20.06.2019 and the same was forwarded to the second

respondent and the second respondent registered a case in Crime No.10 of 2019 against unknown persons for the offence punishable under Section 420 of IPC.

4. The learned Public Prosecutor submitted that the bank statement reveals that on 04.04.2019 onwards all the amount was withdrawn by somebody in India, very particularly in Kerala. Therefore, the Director General of Police, Tamil Nadu has entrusted the entire CD file to the State Police Chief, Kerala.

5. This Court, without going into the merits of the case and the allegation stated in the affidavit, is inclined to close this petition with liberty to file appropriate application before the State Police Chief, Kerala. Accordingly, this Criminal Original Petition stands closed. 04.10.2023 NCC :Yes/No Index :Yes/No Internet :Yes/No sbn

To 1.The Superintendent of Police, Kanyakumari District, Nagercoil 2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

K.K.RAMAKRISHNAN, J.

sbn 04.10.2023