Madras High CourtCRL OP(MD)/15529/2023disposed of

Jeenath Nisha v. The District Superintendent Of Police

2023-09-01Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15529 of 2023 Jeenath Nisha ... Petitioner Vs.

1.The District Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District. ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to transfer the investigation in Crime No.140 of 2023 dated 11.07.2023 to any other Investigation Officer in any other Police Station within the jurisdiction of the first respondent and monitor the investigation.

For Petitioner : Mr.J.John For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

O R D E R This Criminal Original Petition is filed seeking for transfer of investigation in Crime No.140 of 2023 dated 11.07.2023 from the second respondent Police to any other Investigating Agency.

2. It is submitted by the learned counsel appearing for the petitioner that on a complaint given by the petitioner against her husband, the second respondent Police have registered a case in Crime No.140 of 2023 for the offence punishable under Sections 294(b), 324 and 506(2) IPC. However, even after registration of FIR, there is no substantial investigation and thereby, the accused is being harassed. Therefore, she sought for transfer of investigation. The petitioner has also filed the photographs to show that the accused was allegedly standing in front of the house of the petitioner and was trying to introspect through the grills of the house.

3. The learned Government Advocate (Criminal side) appearing for the respondents Police submits that the investigation is in progress and the Police requires short time to complete the investigation and file a charge sheet. It is further submitted that the respondents Police were 2/5

instructed to consider the request of the petitioner as the accused in this case can be arrested.

4. The learned counsel appearing for the petitioner submitted that the petitioner would file another complaint in respect of incident that allegedly happened on 06.08.2023.

5. Considering the circumstances, this Criminal Original Petition is disposed of directing the respondents Police to complete the investigation as quickly as possible and file a final report not later than three weeks from the date of receipt of a copy of this order. If any complaint is filed by the petitioner, the respondents Police are directed to initiate appropriate action.

Index : Yes/No 01.09.2023 Internet : Yes/No ssb 3/5

To 1.The District Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Nagudi Police Station, Pudukottai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

ssb 01.09.2023 5/5