Madras High CourtCRL OP(MD)/18147/2021disposed of

Subbulakshmi v. The Commissioner Of Police

2022-01-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL.O.P.(MD)NO.18147 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18147 of 2021 Subbulakshmi ... Petitioner Vs.

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The State through, The Inspector of Police, Palayamkottai police station, Tirunelveli District.

(Crime No.283 of 2021)

3. S.Ravindranath (R-3 is suo motu impleaded vide order dated 26.11.2021) ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to pass an order of direction to withdraw the investigation of FIR in Crime No.283 of 2021 from the second respondent and to hand over the same to any other independent and efficient investigation officer, attached to some other police station or to any other investigating agency for conducting appropriate investigation in the above FIR and further to direct the new investigation officer to complete the investigation and to file final report within the time stipulated by this Court. For Petitioner : Mr.M.S.Jeyakarthik For R-1 & R-2 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-3 : Mr.Viswanathan

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for respondents 1 and 2 and the learned counsel appearing for the third respondent.

2. This criminal original petition has been filed seeking transfer of investigation.

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CRL.O.P.(MD)NO.18147 OF 2021

3. When the matter was taken up for hearing, the learned counsel appearing for the third respondent gave an undertaking before this Court that the balance amount of Rs.2,00,000/- shall be paid to the petitioner within a period of sixty days from today. Since such an undertaking has been given by the third respondent through his counsel, further investigation in Crime No.283 of 2021 is put on hold. If before the end of the two months period, the third respondent makes the payment to the petitioner, the second respondent will file final report dropping further action in the matter. If the third respondent fails to honour the undertaking given before this Court, not only the second respondent will deal with the investigation, but also the petitioner will be entitled to file a contempt petition before this Court against the third respondent.

4. With these directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 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 Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Inspector of Police, Palayamkottai police station, Tirunelveli District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate (SR-79[F] dated 04/01/2022) Crl.O.P.(MD)No.18147 of 2021 03.01.2022 SK(CO)/SB(07.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4