In a petition under Section 482 Cr.P.C. seeking transfer of investigation alleged to be biased, the court found the complaint false as the investigation was completed and a final report filed. The petition was dismissed with costs of Rs. 5,000.
Petition dismissed along with award of costs of Rs. 5,000 to the State Legal Services Authority.
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 : 16.06.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Crl.OP No.8877 of 2016
R.Sindhu
.. Petitioner
Vs
1.The State rep. by
Inspector of Police,
All Women Police Station,
Coimbatore District.
2.S.Rajeshkumar .. Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the Superintendent of Police, Coimbatore, to transfer the investigation pending on the file of the 1st respondent police in Crime No.44 of 2013 to any other independent agency or any other police station other than the respondent.
For Petitioner :Mr.J.Pothiraj
For Respondent [R1] :Mr.C.Emalias
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed, to direct the Superintendent of Police, Coimbatore, to transfer the investigation pending on the file of the 1st respondent police in Crime No.44 of 2013 to any other independent agency or any other police station other than the respondent.
“ The petitioner herein states that though she made a representation to the Superintendent of Police, Coimbatore District, to change the investigation from the 1st respondent police to any other independent agency or any other police station to be monitored by a higher official, the Superintendent of Police, Coimbatore has not taken any steps and the 1st respondent herein, in total collusion with the petitioner's husband and family, is now trying to dilute the investigation and closed investigation itself without proper enquiry. Aggrieved by the attitude of the respondent, having no other alternative or effective remedy, the petitioner is approaching this Hon'ble Court to exercise its power under Section 482 of Cr.P.C. for a direction to the Superintendent of Police, Coimbatore District, to transfer the investigation from the 1st respondent police to any other independent agency or any other police station other than the respondent, to be monitored by a higher rank official. By issuing such a direction, no prejudice would be caused to the respondent.”
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
ds
To:
1.The Inspector of Police,
All Women Police Station,
Coimbatore District.
2.The Public Prosecutor
High Court, Chennai.
Copy to:
The Secretary,
Tamilnadu Legal Services Authority,
Chennai.
1 cc to Mr.J.Pothiraj, Advocate, sr.33193
Crl.OP No.8877 of 2016
lrs co
kra 14.07.2016
1 issue framed by the court
Whether to direct the Superintendent of Police to transfer the investigation of the registered FIR to another agency or police station.
1 provisions across 1 enactments
R. Sindhu
State rep. by Inspector of Police, All Women Police Station, Coimbatore District.
S. Rajeshkumar
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
