Madras High CourtCRL OP(MD)/13490/2019dismissed

R. Abiramasundari v. The Superintendent Of Police

2019-09-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.13490 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.13490 of 2019 and Crl.M.P(MD) No.8258 of 2019 R.Abiramasundari ... Petitioner Vs.

1. The Superintendent of Police O/o.Superintendent of Police Thoothukudi, Thoothukudi District

2. The Inspector of Police Tiruchendur Temple Police Station Thoothukudi District ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st Respondent for change of investigation in Crime No.184 of 2014 dated 31.10.2014 on the file of 2nd Respondent and entrust the same to competent officer for investigation and file a final Report before the Jurisdictional Magistrate For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction direct the 1st Respondent for change of investigation in Crime No.184 of 2014 dated 31.10.2014 on the file of 2nd Respondent and entrust the same to competent officer for investigation and file a final Report before the Jurisdictional Magistrate.

2. The learned counsel for the petitioner would submit that on 29.10.2014 when the petitioner went to Subramaniyaswamy Temple at Tiruchendur for attending Surasamharam festival, in the crowded place nine sovereigns of gold chain was snatched from my neck by some unidentified persons . Therefore she lodged a complaint before the second respondent and till now the second respondent did not take any steps to recover the same . Therefore he seeks seeks for transfer of investigation.

3. The learned Government Advocate(Crl.Side) would submit that on receipt of complaint the second respondent immediately registered https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13490 of 2019 a case in Crime No.184 of 2014 for the offence under Section 379 of IPC. Since the occurrence took place in the crowded place and there is no evidence to trace the thief. Further the respondent police also examined so many notorious criminals in that locality and they could not identify the thief. Further the pendency of the First Information Report would not serve any purpose and hence closed the case as undeducted.

4. Considering the above facts and circumstances of the case change of investigation would not serve any purpose, since the second respondent police closed the case as 'undeducted'.

5. In the result, the petition is devoid of merits and it is dismissed. Consequently connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police O/o.Superintendent of Police Thoothukudi, Thoothukudi District

2. The Inspector of Police Tiruchendur Temple Police Station Thoothukudi District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +1 CC to Mr.V.RAJIV RUFUS, Advocate ( SR-89443[F] dated 26/09/2019 ) Crl.O.P.(MD) No.13490 of 2019 26.09.2019 AAV MK (09.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2