Madras High CourtCRL OP(MD)/17411/2019dismissed

Archana D/O Palanisamy v. The Commissioner Of Police

2019-11-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No. 17411 of 2019 Archana ... Petitioner Vs.

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, City Crime Branch, Madurai.

3. The Inspector of Police, Central Bureau of Investigation, Madurai City, Madurai.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to transfer the petitioner's complaint dated 10.09.2018 for fair enquiry from the second respondent to third respondent. For Petitioner : Mr.C. Susikumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to transfer the petitioner's complaint, dated 10.09.2018 from the second respondent to the third respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl. Side) appearing for the respondents.

3. It is pertinent to mention here that the complaint of the petitioner is pending on the file of the second respondent and till date not even registered. Therefore, the pendency of the enquiry on the complaint lodged by the petitioner cannot be transferred to any other investigation agency. Only, after registration of the complaint, the investigation can transfer to other investigating agency and therefore, the petitioner is devoid of merits. However, the second respondent is directed to complete the enquiry, within a period of Four Weeks, from the date of receipt of a copy of the order.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

4. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, City Crime Branch, Madurai.

3. The Inspector of Police, Central Bureau of Investigation, Madurai City, Madeira.

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

+1 CC to M/s.C. SUSI KUMAR, Advocate ( SR-102459[F] dated 29/11/2019 ) Crl.O.P.(MD).No.17411 of 2019 28.11.2019 GRL(CO) TR(23.01.2020)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2