Madras High CourtCRL OP(MD)/13339/2021disposed of

Reena Devi v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl O.P.(MD)No.13339 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 13339 of 2021 Reena Devi ... Petitioner Vs.

1.The Inspector of Police, Chinnamanur Police Station, Theni District.

(Crime No.188 of 2021) ... 1st Respondent/ Investigation Officer 2.The Inspector of Police, CBCID, Theni District.

... 2nd Respondent/ Independent Agency 3.Pitchaimuthu ... 3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the investigation in Crime No.188 of 2021 pending on the file of the first respondent to the second respondent.

For Petitioner : Mr.D.Malaichamy For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 & R2

ORDER

This Criminal Original Petition has been filed seeking transfer of investigation in Crime No.188 of 2021. The daughter of the deceased is the petitioner herein. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the statement of the petitioner under Section 164 Cr.P.C was recorded and that the petitioner has named five persons, out of them two have already arrested and three are at large. The police are confident of securing the remaining three persons also. Thereafter, positive charge sheet will also be filed at the earliest against the five https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl O.P.(MD)No.13339 of 2021 persons named in the statement recorded under Section 164 Cr.P.C. Since such categorical stand has been taken by the respondent police, I am of the view that the transfer of investigation is not really warranted. This Criminal Original Petition is disposed of, accordingly.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mga 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 Inspector of Police, Chinnamanur Police Station, Theni District.

2.The Inspector of Police, CBCID, Theni District.

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

+1 CC to M/s.D.MALAICHAMY, Advocate ( SR-37941[F] dated 09/12/2021 ) Crl.O.P.(MD)No.13339 of 2021 07.12.2021 RD(21.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2