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Madras High CourtCRL OP(MD)/18355/2023disposed of

Jeyanthi Krishna v. The Inspector Of Police

2023-10-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Jeyanthi Krishna ... Petitioner/Defacto complainant Vs.

The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

Crime No.14/2022.

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Judicial Magistrate No.I, Tirunelveli to consider the petition filed for further investigation in C.C No.606/2022 on the file of the Judicial Magistrate No.I, Kovilpatti, Thoothukudi District now transferred to Judicial Magistrate No.I, Tirunelveli, under Section 173(8) of Cr.P.C.

For Petitioner : Mr. Perumal.C.T For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side).

ORDER

This Criminal Original Petition has been filed to direct the Judicial Magistrate No.I, Tirunelveli to consider the petition filed for further 1/4

investigation in C.C No.606/2022 on the file of the Judicial Magistrate No.I, Kovilpatti, Thoothukudi District now transferred to Judicial Magistrate No.I, Tirunelveli, under Section 173(8) of Cr.P.C.

2. This petition has been filed on the ground that the originally the statement was recorded on 30.05.2022. But later, on 07.06.2022, the above said witnesses gave absolutely contra statement supporting the case of the accused.

3. The learned counsel for the petitioner would submit that only the statements under Section 161 Cr.P.C., were recorded. If the petitioner got any grievance, during the course of trial, he can workout his remedy during trial proceedings. On the basis of contra statement recorded during the course of investigation under Section 161 Cr.P.C., cannot be a ground for transfer of investigation or further investigation or reivestigation as the case may be. Since the Final Report has been filed, taken cognizance and posted the same on 30.10.2023 for 2/4

examination of witnesses, I find no reason to transfer the investigation.

8. With the above said liberty, this petition is disposed of. 13.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 13.10.2023 4/4