Homathi v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Homathi ... Petitioner Vs.
1.The Director General of Police, No.601, Dr.Radhakrishnan Salai, Chennai.
2.The Superintendent of Police, Karur, Karur District.
3.The Superintendent of Police, Dindigul, Dindigul District.
4.The State rep.by The Inspector of Police (Law and Order), Town Police Station, Karur, Karur District.
5.The State Rep.by The Inspector of Police, Dindigul Taluk Police Station, Dindigul, Dindigul District.
6.Karuppathal 7.Selvarani 8.Pappathi 9.Ragupathi 1/5
10.Vidhya 11.Murugesan 12.Dr.Sengottuvel 13.Suthakaran 14.Veeramani ...Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer a case registered in Crime No.295 of 2022 dated 31.05.2022 by the fifth respondent to any other Competent Police Officer to conduct the fair investigation based on the petitioner's representation dated 07.06.2022. For petitioner : Mr.G.Kannan For R1 to R5 : Mr.B.Nambiselvan Additional Public Prosecutor O RDER This Criminal Original Petition has been filed to direct the first respondent to transfer the case in Crime No.295 of 2022 from the file of the fifth respondent to any other Competent Police Officer to conduct fair investigation, based on the petitioner's representation dated 07.06.2022.
2. The case of the prosecution is that the marriage between the petitioner and one Karunanidhi was solemnized in the year 2002 and they 2/5
were blessed with one male child. However, Karunanidhi developed illicit intimacy relationship with the sixth respondent and had tortured the petitioner and therefore, the petitioner has filed a petition under Section 200 Cr.P.C in P.R.C.No.540 of 2020, D.V.C.No.16 of 2018 and M.C.No. 34 of 2018 before the District Court, Dindigul, however, Karunanidhi has failed to pay the maintenance amount to the petitioner and therefore, the trial Court has issued NBW against him, pursuant to which, he was arrested and remanded to judicial custody and thereafter, he was released from judicial custody. While so, the petitioner has received a phone call from the relative of the sixth respondent that her husband died on 14.01.2022 and immediately, she made a complaint before the fifth respondent Police about the suspicious death of her husband and a case in Crime No.295 of 2022 was registered. After registration of FIR, the fifth respondent has not taken any steps. Hence, this Petition has been filed.
3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 to 5 Police submits that during the pendency of this petition, investigation was completed and the case was referred as mistake of fact. Therefore, no further orders are required to be passed in this petition. 3/5
4. Recording the submission made by the learned Additional Public Prosecutor appearing for the respondents 1 to 5 Police, this Criminal Original Petition is closed. However, liberty is granted to the petitioner to work out her remedy in the manner known to law. 23.02.2024 Index : Yes/No Internet : Yes/No ssb To 1.The Director General of Police, No.601, Dr.Radhakrishnan Salai, Chennai.
2.The Superintendent of Police, Karur, Karur District.
3.The Superintendent of Police, Dindigul, Dindigul District.
4.The State rep.by The Inspector of Police (Law and Order), Town Police Station, Karur, Karur District.
5.The State Rep.by The Inspector of Police, Dindigul Taluk Police Station, Dindigul, Dindigul District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI. J.
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