Madras High CourtCRL OP(MD)/17558/2022closed

M.Dhanalakshmi v. The Director General Of Police

2024-02-16Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.17558 of 2022 M.Dhanalakshmi ... Petitioner Vs.

1.The Director General of Police, Dr.Rathakrishnan Salai, Mailpur, Chennai-600 004.

2.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi, 3.The Sub Inspector of Police, All Women Police Station, Tiruchendur, 4.The Sub Inspector of Police, Meignapuram Police Station, Meignanapuram,

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw the petitioner's complaint dated 08.08.2022 pending investigation before the third respondent and to entrust the same to any other Officer not below the rank of Deputy Superintendent of Police to 1/5

investigate the complaint based on the petitioner's representations dated 17.08.2022 and 30.08.2022 within the time stipulated by this Court. For petitioner : Mr.V.Rajiv Rufus For R-1 to R-4 : Mr.B.Nambiselvan, Additional Public Prosecutor O RDER This petition has been filed to withdraw the petitioner's complaint dated 08.08.2022 pending investigation before the third respondent and to entrust the same to any other Officer not below the rank of Deputy Superintendent of Police to investigate the complaint based on the petitioner's representations dated 17.08.2022 and 30.08.2022 within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner made a complaint on 08.08.2022 on the file of the third respondent Police. However, the third respondent has not taken the complaint and has not investigated the matter. Thereby, the petitioner made representations on 17.08.2022 and 30.08.2022 to transfer the investigation not below the rank of Deputy Superintendent of Police 2/5

3. The learned Additional Public Prosecutor appearing for the respondent Police would submit if the third respondent has not taken the complaint on file, the only remedy available to the petitioner to file a appeal before the Superintendent of Police under Section 154(3) of Cr.P.C. or private complaint.

4. In view of the above, the Criminal Original Petition stands closed. Liberty is granted to the petitioner to work out her remedy in the manner known to law 16.02.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Director General of Police, Dr.Rathakrishnan Salai, Mailpur, Chennai-600 004.

2.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi, 3.The Sub Inspector of Police, All Women Police Station, Tiruchendur, 3/5

4.The Sub Inspector of Police, Meignapuram Police Station, Meignanapuram, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

M.DHANDAPANI. J.

TSG 16.02.2024 5/5