J.Selcia v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13921 of 2023 J.Selcia ... Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

3.The Inspector of Police, All Women Police Station, Krishnagiri.

4.J.Sakila 5.P.P.S.Justin 6.J.Johanan Paul 7.Christh Anand Packianathan 8.C.Jeba Prince Arulselvi 9.J.Ambrith Paul ..Respondents 1/5

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation of the petitioner's complaint dated 11.07.2023 from the file of the second respondent to some other agencies for further action and other reliefs to be done within the time stipulation prescribed by this Court. For Petitioner : Mr.R.Anand For R1 to R3 : Mr.S.S.Madhavan Government Advocate (crl.side) For Intervenor : Mr.V.Karthikeyan O RDER This Criminal Original Petition is filed seeking for a direction to the respondents Police to transfer the investigation in respect of a complaint dated 11.07.2023 given by the petitioner before the second respondent.

2. It is submitted by the learned counsel appearing for the petitioner that the fifth respondent is the husband of the petitioner and on account of family disputes, the petitioner has filed a complaint before the 2/5

second respondent and it was registered as C.S.R.No.224 of 2023 and the same is being enquired into. It is submitted that the respondent No.3 has in turn received a complaint from the sixth respondent and the same was registered as C.S.R.No.212 of 2023 by the third respondent. It is submitted that since the petitioner is residing at Tirunelveli, on account of inconvenience, sought for transfer of C.S.R.No.212 of 2023 from the third respondent to the second respondent Police.

3. The learned Government Advocate (criminal side) appearing for the official respondents submits that the sixth respondent has given a complaint on 04.07.2023 before the third respondent Police and the petitioner has not appeared before the third respondent Police, inspite of giving directions.

4. The petitioner who has not even appeared before the third respondent Police for enquiry cannot seek for transfer of enquiry. If at all the petitioner cannot appear before the third respondent Police for whatever may be the reasons, she should have requested time. No valid reasons are mentioned for transfer of enquiry. Further, there is no provision on which the petitioner can seek for transfer of enquiry. 3/5

5. Considering the circumstances, this petition is liable to be dismissed. Accordingly this Criminal Original Petition is dismissed. Index : Yes/No 07.08.2023 Internet : Yes/No ssb To 1.The Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

3.The Inspector of Police, All Women Police Station, Krishnagiri.

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

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DR.D.NAGARJUN. J.

ssb 07.08.2023 5/5