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Madras High CourtCRL OP(MD)/16306/2019disposed of

Mubarak Nisha v. The Superintendent Of Police

2019-11-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.16306 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.16306 of 2019 Mubarak Nisha

...Petitioner/complainant

-Vs1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

3.The Inspector of Police, CBCID, Thanjavur District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer the investigation agency in the respect of the case in CSR No.244 of 2019 on the file of 2nd respondent to 3rd respondent herein or any other investigation agency.

For Petitioner : Mr.P.Venkatesan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed to transfer the investigation agency in the respect of the case in CSR No.244 of 2019 from the file of 2nd respondent to 3rd respondent herein or any other investigation agency.

2.It is seen that on the complaint lodged by the petitioner, the second respondent issued CSR No.244 of 2019. Thereafter, the respondent police did not conduct any enquiry on the CSR. Therefore, the petitioner sought for change of investigation. After receipt of the complaint, the second respondent police issued CSR and the enquiry is pending. At this circumstance, the investigation will start only after registration of the FIR. 3.Considering the above facts and circumstances, transfer of investigation cannot be considered at this stage. However, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16306 of 2019 second respondent is directed to conduct enquiry and issue CSR to the petitioner.

4.With the above direction, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

3.The Inspector of Police, CBCID, Thanjavur District.

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

+1 CC to M/s.P. VENKATESAN, Advocate ( SR-97672[F] dated 12/11/2019 ) Crl.O.P.(MD)No.16306 of 2019 11.11.2019 KM/(28.11.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2