Madras High CourtCRL OP(MD)/19750/2018disposed of

A.Sethurowthri, v. The Director General Of Police

2019-07-08Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD) No.19750 of 2018 A.Sethurowthri : Petitioner

Versus

1.The Director General of Police, Director General of Police Office Campus, Chennai.

2.The Inspector General of Police, (South Zone), Inspector General of Police Campus, Madurai.

3.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

4.The Inspector of Police, Kooda Kovil Police Station, Madurai District. 5.Mrs.Helan M.Preeta, Principal, Apollo College of Nursing, Elliyarpathi, Madurai.

6.Mrs.Kalpana : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to transfer the investigation in Crime No.83 of 2018 from the file of the fourth respondent and transfer the same to CBCID or other independent Agency to conduct a free, fair, speedy investigation.

For Petitioner : Mr.B.Karuppasamy For R-1 to R-4 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-5 & R-6 : Mr.N.Dilipkumar *******

O R D E R

This petition has been filed to transfer the investigation in Crime No.83 of 2018, from the file of the fourth respondent to CBCID or other independent Agency to conduct a free, fair, speedy investigation.

2. The grievance of the petitioner is that, based on the complaint given by the petitioner, a crime has been registered for the offences under Sections 306 and 511 of the Indian Penal Code https://hcservices.ecourts.gov.in/hcservices/

against the respondents 5 and 6 herein. Even though the crime has been registered on 28.07.2018, the fourth respondent has not conducted the investigation in a proper manner. In the above circumstances, the present petition has been filed.

3. The learned Government Advocate (Crl. side) appearing for the State, on instructions, submitted that after investigation, the fourth respondent police has closed the complaint as "Mistake of Fact" and the final report has been filed and the same is pending before the learned Judicial Magistrate, Thirumangalam.

4. In the above circumstances, the relief sought for by the petitioner cannot be granted. Hence, the Criminal Original Petition stands dismissed. If at all the petitioner has any grievance against the final report, it is open to her to take appropriate remedy in the manner known to law. Sd/- Assistant Registrar (A.E) // True Copy // Sub Assistant Registrar(CS ) To 1.The Director General of Police, Director General of Police Office Campus,Chennai. 2.The Inspector General of Police, (South Zone), Inspector General of Police Campus, Madurai.

3.The Superintendent of Police, Office of the Superintendent of Police, Madurai District. 4.The Inspector of Police, Kooda Kovil Police Station, Madurai District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to: The Judicial Magistrate, Thirumangalam, Madurai District. +1 CC to Mr.N.DILIP KUMAR, Advocate SR-74377. Order made in Crl.O.P.(MD) No.19750 of 2018 Dated: 08.07.2019 CS(26.07.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/