A Criminal Original Petition filed under Section 482 CrPC seeking transfer of investigation due to alleged police inaction was disposed of by directing the respondent police to expedite the inquiry and monitor the same.
Direction to expedite investigation and file final report; direction to produce wound certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2015
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH
Crl.O.P.No.29102 of 2015
Devi ... Petitioner/Complainant.
Vs
For Petitioner : Mr.M.Guruprasad For respondents: Mr.C.Emalias, Addl.Public Prosecutor. O R D E R
The present criminal original petition has been filed seeking a direction to transfer the investigation in Crime No.740 of 2015 pending on the file of the 2nd respondent to any other independent investigation agency.
said Malathi refused to their words, the accused persons made a murderous assault on the petitioner's sister and she sustained head injury. The 2nd respondent police registered a case on 12.03.2015 in Crime No.427 of 2015 offences under Sections 341, 324, 506(ii) of IPC. Eventhough there was serious allegations, the 2nd respondent registered a case only for lesser offences. Thereafter the very same accused have assaulted the petitioner on 16.07.2015 at about 7.30 p.m.. The petitioner also sustained injury on her head and she was also admitted in Sri Devi Hospital in Koyambedu. The petitioner lodged a complaint before the 2nd respondent police on 16.07.2015, but for obvious reasons there was no action by the 2nd respondent. In fact the victim of the crime has been harassed by the 2nd respondent. The petitioner's sister had given representation on 26.08.2015 to the 1st respondent and prayed for appropriate action. Thereafter, the 2nd respondent registered a case on 28.08.2015 only for the offence under Sections 341, 324, 294(b) and 506(i) of IPC. Thereafter, there is no progress in the investigation, hence the petitioner has come forward with this petition to transfer the investigation in Crime No.740 of 2015 pending on the file of the 2nd respondent to any other independent investigation agency
4.I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
5.In my considered opinion though the petitioner made a submission that the 2nd respondent is not conducting investigation properly, except the statement made in the petition, no other substantial material was available in support of her contention. However, this Court is constraint to direct the 2nd respondent to expedite the investigation and file a final report as early as possible. The Assistant Commissioner, Koyambedu is directed to monitor the investigation. The petitioner is also directed to produce the wound certificate to the 2nd respondent.
This petition is disposed of on the above terms.
ssd
s/dAssistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
To
rv(co)
prk4/1
Crl.O.P.No.29102 of 2015
1 issue framed by the court
Whether to transfer investigation or expedite existing criminal inquiry under Section 482 CrPC.
1 provisions across 1 enactments
Devi
The Commissioner of Police, Veppery, Chennai
The Inspector of Police, K-10, Koyembedu Police Station, Chennai
R.SUBBIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
