The Madras High Court transferred C.C. No. 249 of 2018 from Thanjavur to Ambattur, Chennai, directing the Thanjavur police to forward records to Ambattur so the victim could pursue the investigation.
Order to send case diary and records to Ambattur within two weeks and dispose of case within six months.
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.
CRL.O.P.(MD).No.10971 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.09.2019
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.10971 of 2019
and CRL.M.P.(MD)No.6918 of 2019
A.Nisha Christy ...Petitioner Vs.
1.The state represented by The Inspector of Police, All Women Police Station, Thanjaur. (Crime No.6 of 2018) 2.Alexander 3.Emili 4.Anand 5.Santhosh ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw the case in C.C.No.249 of 2018 on the file of the learned Judicial Magistrate at Thanjavur to transfer the same to the fie of learned Judicial Magistrate at Ambathur, Chennai for further investigation.
ORDER
This Criminal Original Petition has been filed to transfer the case C.C.No.249 of 2018 from the file of the learned Judicial Magistrate, Thanjavur to the file of learned Judicial Magistrate, Ambathur, Chennai
2.The learned counsel for the petitioner would submit that the petitioner lodged a complaint on 05.07.2017 before the All Women Police Station, Aavadi, Chennai. The said complaint was transferred to the first respondent / All Women Police Station, Thanjaur, without the knowledge of the petitioner. Thereafter, she filed a petition in Crl.O.P.No.28548 of 2018, seeking transfer of the case from the file of the first respondent / All Women Police Station, Thanjaur to the file of the All Women Police Station, Aavadi, Chennai. This Court by an order dated 12.12.2018, transfer the https://hcservices.ecourts.gov.in/hcservices/
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investigation from the file of first respondent to the file of the Inspector of Police, All Women Police Station, Aavadi, Chennai. In the meanwhile, the first respondent completed the investigation and filed a final report before the learned Judicial Magistrate, Thanjavur and the same was taken cognizance in C.C.No.249 of 2018. Therefore, she seeks to transfer the entire case to the file of the Judicial Magistrate Court, Ambattur.
3.The learned Government Advocate (Criminal Side) would submit that before direction issued by this Court dated 12.12.2018, the first respondent completed the investigation and filed a final report before the learned Judicial Magistrate, Thanjavur.
4.The learned counsel for the second respondent would submit that this Court passed an order dated 12.12.2018, it was not brought to the knowledge of the first respondent. He also submitted that investigation already completed by the first respondent and final report was also filed. Therefore, he opposed this petition.
5.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the official respondent.
6.It is seen that the petitioner originally lodged a complaint before the Inspector of Police, Aavadi police Station and the same has been registered in Crime No.1 of 2018, and thereafter, the said crime has been transferred to the file of the first respondent and new crime number was assigned as Crime No.6 of 2019. Thereafter, the petitioner filed a transfer petition in Crl.O.P.No.28548 of 2018, this Court by an order dated 12.12.2018, passed an order and the relevant paragraphs are as follows:
3.The petitioner gave a complaint on 12.11.2015 before the second respondent police. A preliminary enquiry was also conducted by the All Women Police Station, Avadi and an FIR was also registered in Crime No. 1 of 2018, on 01.02.2018. After the registration of the FIR, the husband of the petitioner was also called for enquiry during investigation. However, subsequently, the FIR was unilaterally transferred t the file of the All Women Police Station, Thanjore and it was assigned Crime No.6 of 2018.
4.The learned counsel for the petitioner would submit that the case diary was transferred to the Thanjore Police Station only on the ground that the fourth respondent is residing in Thanjore. According to the petitioner, in view of the transfer, the entire investigation has come to a standstill and the petitioner who is resident of Avadi is not in a position to pursue further with the remedy.
5.In the facts and circumstances of the case, this Court is of the considered view that the investigation must continue before the third respondent police. By transferring https://hcservices.ecourts.gov.in/hcservices/ the entire case diary to the All Women Police Station,
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Thanjore, the petitioner has been denied her right to pursue further with the criminal case.
6.The All Women Police Station, Thanjore is directed to immediately send the entire case diary in Crime No.6 of 2018 to the Inspector of Police, W-29 All Women Police Station, Avadi within a period of ten days from the date of receipt of a copy of this order. Immediately on receipt of the entire case records, the third respondent shall proceed with the investigation in accordance with law.
7.In the meanwhile, the first respondent completed the investigation and filed a final report before the learned Judicial Magistrate at Thanjavur and the same was taken cognizance in C.C.No.249 of 2018.
9.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.
Sub Assistant Registrar(CS)
das To
1.The Judicial Magistrate, Ambattur, Chennai.
2.The Judicial Magistrate, Thanjore.
3.The Inspector of Police,
All Women Police Station, Thanjaur.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC TO MR.B.ANANDAN, Advocate Sr. No.90400 +1CC TO MR.D.SELVANAYAGAM, Advocate Sr. No. 90172
CRL.O.P.(MD).No.10971 of 2019 andCRL.M.P.(MD)No.6918 of 2019 27.09.2019
CS(CO)
TR(16.10.2019) 3P 7C
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1 issue framed by the court
Whether Criminal Original Petition Nos.10971 of 2019 and 6918 of 2019 is maintainable for transfer of case.
A.Nisha Christy
Secretary to Government, Home Dept, Madurai Police Station
Inspector of Police, All Women Police Station, Thanjavur
Avadi Police Station
G.K. Ilangaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
