Madras High CourtCRL OP(MD)/15979/2019dismissed

M. Lakshmibai v. The Commissioner Of Police,

2019-11-05Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.15979 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15979 of 2019 M. Lakshmibai

...Petitioner

-Vs1.The Commissioner of Police Madurai District.

2.The Inspector of Police, K.Pudur Police Station, Surya Nagar, K.Pudur, Madurai - 7.

3.S.Prabakaran ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the first respondent to change the investigation of second respondent to some other police station and also may direct the first respondent to monitor the investigation. For Petitioner : Mr.S.Arivalagan For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This Criminal Original Petition has been filed to direct the first respondent to change the investigation of second respondent to some other police station and also may direct the first respondent to monitor the investigation.

2. The learned counsel for the petitioner would submit that the petitioner has lodged a complaint before the first respondent and the same has been forwarded to the second respondent. Now, the learned counsel for the petitioner would submit that the second respondent has no jurisdiction to enquire the complaint. Hence, he filed this petition to transfer of investigation.

3. Heard both sides.

4. It is seen that the petitioner did not lodge any complaint directly before any jurisdictional police. He sent a complaint by Post to the Commissioner of Police, Madurai. Now the complaint is pending before the second respondent for enquiry. On enquiry stage, the transfer of investigation cannot be granted. Only after registering the F.I.R., it can be considered. Hence, this Criminal Original Petition is dismissed. However, the petitioner is at https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15979 of 2019 liberty to send representation before the jurisdictional police authority.

Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Commissioner of Police Madurai District.

2.The Inspector of Police, K.Pudur Police Station, Surya Nagar, K.Pudur, Madurai - 7.

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

+1 CC to M/s.S.ARIVALAGAN, Advocate ( SR-96456[F] dated 06/11/2019 ) Crl.O.P.(MD)No.15979 of 2019 05.11.2019 KK/SAR/29.11.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2