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Madras High CourtWP(MD)/19202/2024disposed of

Mythili v. State Rep. By

2024-08-13Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Mythili ... Petitioner Vs.

1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

2.The Inspector General of Police, Central Zone, Trichirappalli.

3.The Superintendent of Police, Trichy District, Trichy.

4.Mr.Kuthalingam, The Additional Deputy Superintendent of Police, Additional Deputy Superintendent of Police for Protection of Women and Child Welfare against Crime, Trichirappalli.

5.The Inspector of Police, Somarasampettai Police Station, Trichy District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the fourth 1/5

respondent's office related with further investigation done by him in Crime No.769 of 2021 on the file of the Somarasampettai Police Station for reporting final report before the learned Principal District and Sessions Judge, Trichirappalli, by retain the same fourth respondent to fulfil his order passed by the High Court in Crl.O.P.(MD)No.11664 of 2022 dated 11.08.2023, where he has been disturbed by transfer of the order passed by the first respondent.

For Petitioners : Mr.R.Murugesan For R1 to R3 & R5 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

This writ petition has been filed seeking orders to direct the fourth respondent's office related with further investigation done by him in Crime No.769 of 2021 on the file of the Somarasampettai Police Station for reporting final report before the learned Principal District and Sessions Judge, Trichirappalli, by retain the same fourth respondent to fulfil his order passed by the High Court in Crl.O.P.(MD)No.11664 of 2022 dated 11.08.2023, where he has been disturbed by transfer of the order passed by the first respondent.

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2.When the matter is taken up for hearing today, the fifth respondent has filed a status report.

3.The learned Additional Public Prosecutor appearing for the official respondents would submit that as per directions of this Court in Crl.O.P.(MD)No.11664 of 20222 dated 11.08.2023, the fourth respondent was appointed by the Inspector General of Police and the fourth respondent has proceeded with the investigation in Cr.No.769 of 2021, that he was promoted as Deputy Commissioner of Police and posted at Chennai, that subsequently, Mr.N.Premanandhan, Additional Deputy Superintendent of Police, Headquarters, Karur was appointed as Investigating Officer vide proceedings in C.No.B1/33/IGP/CZ/2024 dated 01.08.2024 and that he has taken the investigation in Cr.No.769 of 2021. 4.It is not the specific case of the petitioner that the fourth respondent was transferred purposely and according to the learned Additional Public Prosecutor, it is a routine transfer and the same cannot be found fault with. Since Mr.N.Premanandhan, Additional Deputy 3/5

Superintendent of Police has been deputed to continue the investigation, he is directed to proceed with the investigation and file the final report, at an earlier date. Accordingly, this writ petition is disposed of. No costs. 13.08.2024 NCC :yes/No Index :yes/No Internet:yes/No gns To 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

2.The Inspector General of Police, Central Zone, Trichirappalli.

3.The Superintendent of Police, Trichy District, Trichy.

4.The Inspector of Police, Somarasampettai Police Station, Trichy District.

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K.MURALI SHANKAR ,J.

gns 13.08.2024 5/5