Madras High CourtCRL OP(MD)/20665/2018dismissed as infructuous

N.Usha v. The Inspector General Of Polic

2021-11-17Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.20665 of 2018 N.Usha : Petitioner Vs.

1.The Inspector General of Police, South Zone, Madurai.

2.The Deputy Inspector General of Police, Ramanathapuram Zone, Ramanathapuram District.

3.The Superintendent of Police, Ramanathapuram District.

4.State rep. by The Inspector of Police, Town Police Station, Rameswaram, Ramanathapuram District.

(Crime No.175 of 2018) 5.The Inspector of Police, CBCID, Ramanathapuram District. : Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code to direct the respondents 1 to 3 to transfer the investigation of the case in Crime No.175 of 2018 pending on the file of the 4th respondent police to the 5th respondent and further to file the final report in the said case within a reasonable time as fixed by this court. For Petitioner : Mr.R.Jegadeeswaran (No appearance) For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This petition is filed seeking a direction to transfer the investigation in Crime No.175 of 2018 from the file of the 4th respondent to some other officer or agency.

2.When the matter was taken up for hearing, there is no representation for the petitioner. An officer from the 4th respondent is present before this court along with CD file. https://hcservices.ecourts.gov.in/hcservices/ 3.Perusal of the CD file shows that during the course of

investigation, it was found that there was no abetment of suicide to the deceased person. Finding that only due to depression, she committed suicide, the closure report was filed on 21.06.2019 as 'Mistake of Fact' and RCS notice was also served upon the de-facto complainant.

4.Since the RCS notice has been served upon the de-facto complainant, she has to work out her remedy before the concerned court through proper proceedings. So, the transfer of investigation now become infructuous.

5.With the above said liberty, this criminal original petition stands dismissed as infructuous.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) er 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, South Zone, Madurai.

2.The Deputy Inspector General of Police, Ramanathapuram Zone, Ramanathapuram District. 3.The Superintendent of Police, Ramanathapuram District.

4.The Inspector of Police, Town Police Station, Rameswaram, Ramanathapuram District.

5.The Inspector of Police, CBCID, Ramanathapuram District.

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

Crl.OP(MD)No.20665 of 2018 17.11.2021 https://hcservices.ecourts.gov.in/hcservices/ RD(01.12.2021) 2P 7C