Dismissed

Annalakshmi v. The Superintendent of Police

Madras HC20 Nov 2019CRL OP(MD)/11078/2019

Case brief

AI extract

What is this about?

Court dismissed a petition seeking transfer of investigation under Section 482 CrPC from local police to State Bureau. Held transfer premature as it would disrupt proceedings. Directed current investigating officer to complete inquiry and file final report within 12 weeks under supervision of State Bureau.

What did the court decide?

Order directed 4th respondent to complete investigation and file final report in crime no. 220 of 2018 within 12 weeks. 1st respondent to monitor the investigation.

Annalakshmi Vs The Superintendent of Police — Criminal Trial and Appeal | Madras HC (2019)

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Crl.O.P.(MD) No.11078 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.11.2019 CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.11078 of 2019

Annalakshmi

... Petitioner

1.The Superintendent of Police, Madurai District.

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2.The Superintendent of Police, CBCID, Chennai.

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3.The Deputy Superintendent of Police, Usilampatty, Madurai District.

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4.The Inspector of Police, Usilampatty Taluk Police Station, Usilampatty,

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Madurai District. ... Respondents

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PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to transfer the investigation from the file of the 4^th respondent in direct the 1^st respondent to transfer the pending investigation in crime Nos.168 of 2018 dated 14.08.2018 and crime No.220 of 2018 dated 06.10.2018 to the 2^nd respondent police.

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For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Suyambulinga Bharathi, G.A., (Crl. Side)

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O R D E R

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This petition has been filed to transfer the investigation from the file of the 4^th respondent to transfer the pending investigation in crime Nos.168 of 2018 dated 14.08.2018 and crime No.220 of 2018 dated 06.10.2018 to the 2^nd respondent police.

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2.On the complaint lodged by the petitioner, initially, the 4^th respondent registered the case in crime No.168 of 2018 under 'Man Missing'. On enquiry, it revealed that the husband of the petitioner, went out of his house due to frustration in respect of the property dispute. Thereafter, again, the petitioner lodged a complaint on 06.10.2018. Thereafter, VAO also lodged a complaint and the same has been registered in crime No.220 of 2018 under Section 174 Cr.P.C. They found the body of the husband of the petitioner and the investigation is in progress.

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https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD) No.11078 of 2019

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3.Considering the said fact and circumstances, the change of investigation at this stage would affect the entire investigation and hence, the prayer cannot be granted . Accordingly, this criminal original petition is dismissed. However, the 4^th respondent is directed to complete the investigation and file the final report in crime No.220 of 2018, within a period of 12 weeks from the date of receipt of a copy of this order. The 1^st respondent is directed to monitor the investigation done by the 4^th respondent and also shall ensure that the 4^th respondent shall file the final report within a period stipulated above.

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Sd/-

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Assistant Registrar // True Copy //

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Sub Assistant Registrar(CS)

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Arul

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1.The Superintendent of Police, Madurai District.

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2.The Superintendent of Police, CBCID, Chennai.

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3.The Deputy Superintendent of Police, Usilampatty, Madurai District.

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4.The Inspector of Police, Usilampatty Taluk Police Station, Usilampatty, Madurai District.

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

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+1 CC to M/s.P. GANAPATHI SUBRAMANIAN, Advocate ( SR-99655[F] dated 20/11/2019 )

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Order made in CRL.O.P (MD) No.10161 of 2019 20.11.2019

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SMA/19/12/19/2P/7c

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https://hcservices.ecourts.gov.in/hcservices/

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Annalakshmi v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Annalakshmi v. The Superintendent of Police

Case brief

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