Chitra v. State Rep by
Case brief
What is this about?
Court transferred investigation of Crime No.581/2020 from the concerned Inspector of Police to another officer due to petitioner's apprehension of bias, ordering inquiry into the accused officer's conduct too.
What did the court decide?
Direction to second respondent to investigate Crime No.581/2020 and enquire into allegation against Sub-Inspector.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.06.2020 CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8148 of 2020
Chitra ...Petitioner
Vs.
1.The Superintendent of Police, Chengalpattu District.
2.State, rep. By The Inspector of Police Cheyyur Police Station Chengalpattu District (Cr.No.581/2020) ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation of Crime No.581 of 2020 on the 2nd respondent to some other officer, consequently direct him to file final report within the time fixed by this Honourable Court.
For Petitioner : Mr.B.Manoharan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.581 of 2020 on the file of the 2nd respondent to some other officer, consequently direct him to file final report.
2.It is seen that on the complaint lodged by the petitioner, a case has been registered as against a counter part in Crime No.581 of 2020 for the offences under Sections 147, 294(b), 323, 324 and 506(ii) IPC. There was a quarrel between the petitioner's family and her neighbor. It is stated that the Inspector of Police of the second respondent police station hand in glove with the accused person and did not allow the petitioner even to enter into her house. It is also seen that the crime was registered only on 09.05.2020 and that the investigation is at initial stage. At this juncture, the change of investigation cannot be considered and nothing required in changing the investigation from the second respondent. Therefore, the petition is devoid of merits.
Issues for consideration
2 issues framed by the court
Whether a change in investigation is justified at the initial stage of the case.
Whether the apprehension of bias by the petitioner warrants transfer of investigation.
Parties & counsel
- petitioner
Chitra
- respondent
The Superintendent of Police, Chengalpattu District
- respondent
State, rep. By The Inspector of Police Cheyyur Police Station Chengalpattu District
Coram
Case details
As recorded by the court registry
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