Madras High CourtCRL OP(MD)/14633/2017disposed of

J.Vijayalakshmi v. The Superintendent Of Police

2020-09-22Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 22.09.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.14633 of 2017 J.Vijayalakshmi : Petitioner Vs.

1.The Superintendent of Police, Trichy District, Trichy.

2.The Inspector of Police, District Crime Branch, Trichy District.

(Crime No.04 of 2015) 3.The Inspector of Police, CBCID, Trichy District. : Respondents Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, directing the 1st respondent to transfer the investigation from the file of the 2nd respondent in Crime No.4 of 2015 to the 3rd respondent and further investigate the case in accordance with law and pass such further or other orders. For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.R.Srinivasan Government Advocate (Criminal side)

O R D E R

(Thro' VC) This Criminal Original Petition is filed to direct the 1st respondent to transfer the investigation from the file of the 2nd respondent in Crime No.4 of 2015 to the 3rd respondent and further investigate the case in accordance with law.

2.When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents submitted that the case in Crime No.4 of 2015 was taken on file as CC No.229 of 2017 by the Judicial Magistrate No.VI, Trichy and in this case, all the witnesses were examined and now the case is posted for questioning under section 313 of the Criminal Procedure Code.

3.The said fact is not disputed by the learned counsel appearing for the petitioner.

4.Under the above circumstances, this court is of the considered view that at this stage, the relief sought for by the https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot be granted.

5.In view of the above fact, this criminal original petition is disposed of with a direction to the trial court namely the Judicial Magistrate No.VI, Trichy to dispose of the case in CC No.229 of 2017 purely on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (AE) // True Copy // / /2020 Sub Assistant Registrar(CS) er To, 1.The Judicial Magistrate No.VI, Trichy.

2.The Superintendent of Police, Trichy District, Trichy.

3.The Inspector of Police, District Crime Branch, Trichy District.

4.The Inspector of Police, CBCID, Trichy District.

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

Crl.OP(MD)No.14633 of 2017 22.09.2020 SCR(CO) KB(15.10.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/