Madras High CourtCRL OP(MD)/14858/2011disposed of

Abdul Kareen v. The Commissioner Of Police

2015-07-08Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.14858 of 2011 Abdul Kareem ... Petitioner vs.

1.The Commissioner of Police C.O.P.Office, Trichy, Trichy District.

2.The Inspector of Police, Palakkarai Police Station, Palakarai, Trichy Trichy District.

3.The Inspector of Police, CBCID Wing, Mannarpura, Trichy-20 Trichy District.

... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, praying to transfer the investigation in Crime No.14 of 2010, from the file of the 2nd respondent to 3rd respondent for free and fair investigation.

For Petitioner : Mr.R.Sundar For Respondents : Mrs.S.Prabha Govt.Advocate (crl.side)

ORDER

The petitioner's husband has given a complaint on 17.12.2009 before the 2nd respondent, seeking to trace his missing wife. As no action has been taken for the past five years, the present petition has been filed, seeking transfer of the investigation in Crime No.14 of 2010, from the file of the 2nd respondent to the file of the 3rd respondent,

2. In the affidavit filed by the 2nd respondent, it has been stated that despite efforts taken, the petitioner's wife could not be traced.

3. The learned counsel for the petitioner relied upon a decision of the Hon'ble Supreme Court, dated 18.10.2013 made in Appeal Leave to Appeal (crl) No(s).1371/2012, wherein, a specific direction has been given to trace the missing lady.

4. Considering the facts and circumstances of the case, this Court directs the 2nd respondent to handover the file to the 3rd respondent for further investigation. The said exercise shall be completed, within a period of four weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(Per.Admn.) /TRUE COPY/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To 1.The Commissioner of Police C.O.P.Office, Trichy, Trichy District.

2.The Inspector of Police, Palakkarai Police Station, Palakarai, Trichy Trichy District.

3.The Inspector of Police, CBCID Wing, Mannarpura, Trichy-20 Trichy District.

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

+1cc to Mr.R.SUNDAR, in SR.NO.37294 mpk gcs/31/07/2015/2p/6c CRL.O.P.(MD)No.14858 of 2011 08.07.2015 https://hcservices.ecourts.gov.in/hcservices/