Kalaiselvi v. The Inspector General Of

Crl.O.P.(MD)No.21270 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.21270 of 2016 Kalaiselvi

...Petitioner

-Vs1.The Inspector General of Police, Central Zone, Trichy.

2.The Commissioner of Police, Trichy City, Trichy.

3.The Inspector of Police, All Women Police Station, Golden Rock, Trichy.

... Respondents Prayer: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents 1 and 2 to transfer the investigation of petitioner's daughter murder case in Crime No.10 of 2015 from the file of the third respondent to any other competent investigation authority to be monitored by higher police officer.

For Petitioner : M/s.T.Banumathy For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the respondents 1 and 2 to transfer the investigation in Crime No.10 of 2015 from the file of the third respondent to any other competent investigation authority to be monitored by higher police officer.

2. It is seen from the records that, based on a complaint lodged by the petitioner the third respondent has filed a case in Crime No.10 of 2015 under Section 174 of Cr.P.C. Though, there is a specific allegation that her husband poured some colourless fluid on the petitioner's daughter and set fire by a lighter the third respondent did not register a case under Section 302 of IPC. Infact, the petitioner has approached this Court in Crl.O.P.(MD) No.12679 of 2015 to alter the offence under Section 302 of IPC. This Court directed the respondent police to look into the matter and take appropriate action regarding alteration of offence, if any cognizable offence made out. Therefore, they sought for transfer of investigation.

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Crl.O.P.(MD)No.21270 of 2016

3. The crime of the year 2015 and now almost five years has been completed. At this stage, transfer of investigation would affect the entire investigation and would not serve any purpose. However, the third respondent is directed to file final report, within a period of Four weeks, from the date of receipt of a copy of the order, if not already filed. The second respondent is directed to monitor the investigation done by the third respondent.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa 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 Inspector General of Police, Central Zone, Trichy.

2.The Commissioner of Police, Trichy City, Trichy.

3.The Inspector of Police, All Women Police Station, Golden Rock, Trichy.

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

Crl.O.P.(MD)No.21270 of 2016 13.10.2020 PM(CO) NR (29/10/2020) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2