Madras High CourtCRL OP(MD)/15164/2023disposed of

Divya v. The Commissioner Of Police

2023-08-30Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15164 of 2023 Divya ... Petitioner Vs.

1.The Commissioner of Police, O/o. the Commissioner of Police, Madurai City, Alagarkovil Road, Madurai-625 002.

2.The Inspector of Police, Keeraithurai Police Station, Madurai City, Madurai-625 001.

(Crime No.302 of 2023)

...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.302 of 2023, dared 06.04.2023, on the file of the second respondent Police to some other impartial investigating agency as may be fixed by this Court. For Petitioner : Mr.P.Saravanakumar For R-1 & R-2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondent Police to transfer the investigation in Crime No.302 of 2023, dated 06.04.2023, from the second respondent Police to some other investigating agency.

2. According to the learned counsel for the petitioner, a case has been registered on a complaint given by the petitioner against her husband in Crime No.302 of 2023, for the offences under Sections 294 (b), 323 and 506 (1) of I.P.C. On going through the entire records, it is seen that the petitioner has not made out any case explaining the situation as to why the investigation required to be transferred from the second respondent Police to other agencies.

3. Learned Additional Public Prosecutor submits that investigation in this case is almost completed and within one week, the respondent Police can complete the investigation and file the final report. 2/4

4. In view of the submissions made by both sides and on perusal of records, as there are no instances made out before this Court seeking transfer of investigation and that the investigation has already been completed and the request of the petitioner seeking transfer of investigation cannot be considered at this stage.

5. Accordingly, the criminal original petition is disposed of, directing the respondent Police to complete the investigation in Crime No.302 of 2023 and file the final report before the concerned Court as quickly as possible not later than two weeks from the date of receipt of a copy of this order. 30.08.2023 Speaking : Yes / No NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/4

DR.D.NAGARJUN. J.

tsg To 1.The Commissioner of Police, O/o. the Commissioner of Police, Madurai City, Alagarkovil Road, Madurai-625 002.

2.The Inspector of Police, Keeraithurai Police Station, Madurai City, Madurai-625 001.

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

Crl.O.P.(MD) No.15164 of 2023 30.08.2023 4/4