Vinothini v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.7583 of 2021 Vinothini ... Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, 2.The Inspector of Police, AWPS Police Station, Alangudi, Pudukkottai District.

(In Crime No.5/2021) ... Respondents/Complainants PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation from the second respondent in Crime No.5 of 2021, dated 01.06.2021 on the file of the second respondent police earlier to any other agency or any other competent officer under the supervision of the first respondent.

For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

ORDER

This petition has been filed seeking direction to the first respondent to transfer the investigation from the second respondent in Crime No.5 of 2021, dated 01.06.2021 to any other agency or any other competent officer under the supervision of the first respondent.

2.The main grievance of the petitioner is that she is the defacto complainant in Crime No.5 of 2021, which was registered for the offences punishable under Sections 498(A), 494, 294(b) 506(i) and 109 I.P.C. against 9 accused persons and so far no investigation has been undertaken and no one has been arrested. A counter case has also been registered against this petitioner and others in Crime No.243 of 2021, for the offences punishable under Sections 147, 294 (b), 324 and 506(i) I.P.C.

1/3

3.The learned Government Advocate (criminal side) would submit that the accused Nos.2 to 8 have been granted anticipatory bail and the first accused is still absconding.

4.The learned counsel for the petitioner would submit that even though the first accused has not been enquired for indicating upon the second respondent, it would be sufficient, if the Deputy Superintendent of Police, Pudukkottai, to monitor the investigation, that has been conducted by the second respondent.

5. Considering the limited scope of prayer sought for by the petitioner and it is also found that the matrimonial dispute against them and a case in counter and H.M.O.P.No.9 of 2020 and 43 of 2018 is also pending before the concerned Courts, I am of the considered view that limited request that has been sought for by the petitioner, there shall be a direction to the Deputy Superintendent of Police, Pudukkottai, to monitor the investigation conducted by the second respondent and the process of investigation shall be completed within a period of six months from the date of receipt of a copy of this order. After completing the investigation, final report must be filed before the concerned Court and the compliance report must be submitted before the Registry. 6.With the aforesaid direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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 Deputy Superintendent of Police, 2/3

2.The Superintendent of Police, 3.The Inspector of Police, AWPS Police Station, Alangudi, Pudukkottai District.

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

Copy to The Section Officer Criminal Section, Madurai Bench of Madras High Court, Madurai.

27.09.2021 RK (06.10.2021) 3P 6C 3/3