Madras High CourtCRL OP(MD)/9118/2013disposed of

V.Kalavathy v. The Inspector Of Police

2015-09-07Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P(MD)No.9118 of 2013 V.Kalavathy

...Petitioner/Defacto complainant

.vs.

1.The Inspector of Police, Sivakanchi Police Station, Kancheepuram, Kancheepuram District.

(Cr.No.1287/2012) 2.The Inspector of Police, Tandigudi Police Station, Dindigul District.

(Crime No.157 of 2012) ..Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying this Court to transfer of investigation in Cr.No.157 of 2012 on the file of the Inspector of Police, Tandigudi Police Station, Dindigul District to some other investigating agency to investigate the same in accordance with law. For Petitioner : M/s.T.S.R.Venkatramana For Respondents : Mr.K.Anbarasan Govt.Advocate(Crl.side)

ORDER

This Criminal Original Petition has been filed under Section 482 of Cr.P.C.praying this Court for transfer of investigation in Cr.No.157 of 2012, on the file of the Inspector of Police, Tandigudi Police Station, Dindigul District to some other investigating agency to investigate the same in accordance with law. 2.Heard the learned counsel for the Petitioner and the learned Government Advocate(Crl.Side) appearing for the respondents/State and perused the records.

3.The Petitioner has come forward with this Petition with the aforesaid prayer, stating that the Petitioner has received information that her husband is died due to heart attack. When the body has reached Kancheepuram, they witnessed that there was head injury and bleeding from the head. Immediately, they made an agitation and on that basis a case has been registered. At that https://hcservices.ecourts.gov.in/hcservices/

point of time, the accused person moved an anticipatory bail application and the respondent/Police has not properly objected for the grant of anticipatory bail to the accused. So the Petitioner thought that the respondent Police has not investigated the matter in a proper direction and hence she has come forward with the present petition for change of investigation. 4.At this juncture, the learned Government Advocate(Crl.Side), on instructions, would submit that the investigation is over and charge-sheet has already been filed on 21.11.2014 which was taken on file as P.R.C.No.12 of 2015 on the file of the learned Judicial Magistrtate, Kodaikanal.

5.Since the investigation has been completed and charge-sheet has also been filed, in such circumstances, there is no necessity to transfer the investigation as sought for by the Petitioner. If the Petitioner has found that the investigation done by the respondents Police is not proper, she is at liberty to move for further investigation, in accordance with law.

6.With the above observation, the Criminal Original petition is disposed of.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Sivakanchi Police Station, Kancheepuram, Kancheepuram District.

2.The Inspector of Police, Tandigudi Police Station, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.T.S.R.Venkatramana, Advocate, SR.No.52350 vsn RL/5 c- 28/9/2015 Crl.O.P(MD)No.9118 of 2013 07.09.2015 https://hcservices.ecourts.gov.in/hcservices/