Madras High CourtCRL OP(MD)/16677/2021disposed of

Indhu v. The Commissioner Of Police

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.16677 of 2021 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.16677 of 2021 Indhu ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, Anna Nagar Police Station, Madurai City.

3.The Inspector of Police, Anna Nagar Police Station, Madurai City.

(Crime No.1630 of 2021).

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction directing the first respondent to transfer the investigation in Crime No.1630 of 2021 pending on the file of the third respondent police to any competent police. For Petitioner : Mr.K.Pandiarajan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.1630 of 2021 from the file of the third respondent police to any other investigating agency. 2.The only grievance of the petitioner is that though there specific overt act and averments to attract the offence under Section 307 of I.P.C., the third respondent failed to register the case under Section 307 of I.P.C and the case has been registered only for the offences under Sections 452, 294(b), 323, 324 and 506 (ii) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.1630 of 2021 against the accused. 3.The learned Government Advocate (Criminal Side) would submit that almost investigation has been completed and if ingredients attract for the offence under Section 307 of I.P.C., definitely, it would be included in the final report.

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Crl.O.P.(MD)No.16677 of 2021 4.In view of the above, the third respondent is directed to complete the investigation and file a final report within a period of four weeks from the date of receipt of a copy of this order. If any ingredients available on the materials to attract the offence under Section 307 of I.P.C., the third respondent is directed to file a final report accordingly.

5.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Deputy Registrar (LA & MC) // True Copy // / /2022 Sub Assistant Registrar(CS) ps 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, Madurai City.

2.The Assistant Commissioner of Police, Anna Nagar Police Station, Madurai City.

3.The Inspector of Police, Anna Nagar Police Station, Madurai City.

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

+1 CC to M/s.K.PANDIYARAJAN, Advocate ( SR-9308[F] dated 01/03/2022 ) Crl.O.P(MD)No.16677 of 2021 28.02.2022 MGJ(16.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2