Ramuthayee v. The District Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Ramuthayee ... Petitioner Vs.

1.The District Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

3.The Inspector of Police, Taluk Police Station, Aruppukkottai, Virudhunagar District.

4.Mariappan 5.Krishnan

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer enquiry of the petitioner complaint dated 06.07.2019 to the second respondent from the third respondent. For Petitioner : Mr.R.Murugappan For R1 to R3 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to transfer the investigation of the complaint of the petitioner, dated 06.07.2019 pending on the file of the third respondent.

2. According to the petitioner there is a dispute between the 1/4

petitioner and the fourth and fifth respondents, who are none other than the brothers of the petitioner regarding sharing of her deceased mother's jewels. Hence, the petitioner earlier given a complaint before the third respondent. Since no action has been taken on the same, the petitioner has filed the present petition seeking transfer of the complaint lodged by the petitioner to the file of the second respondent.

3. Today, when the matter is taken up for hearing the learned Government Advocate (Crl.Side) appearing for the official respondents, on instructions, would submit that based on the complaint given by the petitioner, enquiry has been conducted and since the dispute between the parties is civil in nature and a family dispute, the respondent police has closed the complaint directing the parties to approach the civil Court for appropriate remedy.

4. Considering the fact that the complaint lodged by the petitioner has been enquired into and closed by the respondent police, the prayer as such sought for by the petitioner cannot be granted at this stage. Accordingly, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) To 1.The District Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Aruppukkottai, Virudhunagar District.

3.The Inspector of Police, Taluk Police Station, Aruppukkottai, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 2/4

Madurai.

+1 CC to M/s.R.MURUGAPPAN, Advocate( SR-80382[F] dated 07/08/2019 ) TA 06.08.2019 MS /(03.09.2019) 3P 6C 3/4