Madras High CourtCRL OP(MD)/11078/2019disposed of

Annalakshmi v. The Superintendent Of Police

2019-11-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.11078 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.11078 of 2019 Annalakshmi ...

Petitioner Vs 1.The Superintendent of Police, Madurai District.

2.The Superintendent of Police, CBCID, Chennai.

3.The Deputy Superintendent of Police, Usilampatty, Madurai District.

4.The Inspector of Police, Usilampatty Taluk Police Station, Usilampatty, Madurai District.

... Respondents PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to transfer the investigation from the file of the 4th respondent in direct the 1st respondent to transfer the pending investigation in crime Nos.168 of 2018 dated 14.08.2018 and crime No.220 of 2018 dated 06.10.2018 to the 2nd respondent police. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Suyambulinga Bharathi, G.A., (Crl. Side)

O R D E R

This petition has been filed to transfer the investigation from the file of the 4th respondent to transfer the pending investigation in crime Nos.168 of 2018 dated 14.08.2018 and crime No.220 of 2018 dated 06.10.2018 to the 2nd respondent police. 2.On the complaint lodged by the petitioner, initially, the 4th respondent registered the case in crime No.168 of 2018 under 'Man Missing'. On enquiry, it revealed that the husband of the petitioner, went out of his house due to frustration in respect of the property dispute. Thereafter, again, the petitioner lodged a complaint on 06.10.2018. Thereafter, VAO also lodged a complaint and the same has been registered in crime No.220 of 2018 under Section 174 Cr.P.C. They found the body of the husband of the petitioner and the investigation is in progress. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.11078 of 2019 3.Considering the said fact and circumstances, the change of investigation at this stage would affect the entire investigation and hence, the prayer cannot be granted . Accordingly, this criminal original petition is dismissed. However, the 4th respondent is directed to complete the investigation and file the final report in crime No.220 of 2018, within a period of 12 weeks from the date of receipt of a copy of this order. The 1st respondent is directed to monitor the investigation done by the 4th respondent and also shall ensure that the 4th respondent shall file the final report within a period stipulated above.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Superintendent of Police, Madurai District.

2.The Superintendent of Police, CBCID, Chennai.

3.The Deputy Superintendent of Police, Usilampatty, Madurai District.

4.The Inspector of Police, Usilampatty Taluk Police Station, Usilampatty, Madurai District.

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

+1 CC to M/s.P. GANAPATHI SUBRAMANIAN, Advocate ( SR-99655[F] dated 20/11/2019 ) Order made in CRL.O.P (MD) No.10161 of 2019 20.11.2019 SMA/19/12/19/2P/7c https://hcservices.ecourts.gov.in/hcservices/ 2/2