Madras High CourtCRL OP(MD)/14036/2023disposed of

K.Amala Dhasan v. The Inspector Of Police

2023-08-08Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN K.Amala Dhasan ... Petitioner Vs.

1.The Inspector of Police, CBCID Office, Tirunelveli District.

2.The Superintendent of Police, Nagercoil, Kanyakumari District.

3.The Deputy Superintendent of Police, Thuckalay, Kanyakumari District.

4.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the first respondent to transfer the investigation from the 3rd respondent to some other investigation agency.

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For Petitioner :Mr.B.Micheal Sebastin For Respondents :Mr.B.Thanga Aravindh Government Advocate (Crl.side) O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking transfer of enquiry in respect of the complaint given by the petitioner dated 28.03.2023 from the file of the respondent No.3 to any other Investigating Agency.

2.It is submitted by the learned counsel that the petitioner has filed a complaint against one Suresh and Muthukannan alleging that they have committed the offence of cheating, however the respondent police are not taking proper steps to enquire the complaint of the petitioner. 3.The learned Government Advocate (Crl.side) on the other hand submits that the representation of the petitioner is registered as CSR.No.889 of 2023 and an enquiry was initiated and during the course of enquiry, it was found that the alleged offence has taken place within the territorial jurisdiction pertaining to Valliyoor Police Station, thereby the representation of the petitioner was closed 2/5

and the petitioner was asked to file a fresh complaint before the Valliyoor Police Station for taking further action. It is submitted further that instead of filing a complaint before the Valliyoor police, this petition has been filed. 4.In view of the submissions made by the learned counsel on either side and on going through the records, this Petition is disposed of directing the petitioner to approach the appropriate jurisdictional police station and file a complaint.

Speaking : Yes / No 08.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.1.The Inspector of Police, CBCID Office, Tirunelveli District.

2.The Superintendent of Police, Nagercoil, Kanyakumari District.

3.The Deputy Superintendent of Police, Thuckalay, Kanyakumari District.

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4.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.14036 of 2023 08.08.2023 5/5