Dismissed

V.Mallika v. The Superintendent of police

Madras HC10 Mar 2023CRL OP(MD)/733/2021

Case brief

AI extract

What is this about?

This Criminal Original Petition filed under Section 482 Cr.P.C. sought transfer of investigation in a criminal case to a different officer. The Madurai Bench of the Madras High Court, noting the filing of charge sheets and subsequent trial proceedings, dismissed the petition.

What did the court decide?

The prayer for transfer of investigation in Crime No. 228 of 2020 was denied.

V.Mallika Vs The Superintendent of police — Criminal Trial and Appeal | Madras HC (2023)

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Crl.O.P.(MD)No.733 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.03.2023

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CORAM:

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THE HONOURABLE MRS.JUSTICE R.THARANI

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Crl.O.P.(MD) No.733 of 2021

V.Mallika

... Petitioner

Vs.

1.The Superintendent of Police, Superintendent of Police office,

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Tenkasi

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2.The Deputy Superintendent of Police

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Deputy Superintendent of Police office,

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Puliyankudi, Tenkasi District.

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3.The Sub Inspector of Police,

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Chokkampatti Police Station,

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Tenkasi District. ... Respondents

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PRAYER : Criminal Original Petition is filed under Section 482 of

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Cr.P.C, directing the first respondent to transfer the investigation in Crime No.228 of 2020, dated 17.09.2020, on the file of the third respondent to any other investigation officer within the first respondent

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jurisdiction to conduct the investigation in the manner known to law.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.733 of 2021

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For Petitioner : Mr.P.Murugesan For Respondents : Mrs.M.Aasha Government Advocate (crl.side)

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O RDER

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This petition is filed to direct the first respondent to transfer the investigation in Crime No.228 of 2020, dated 17.09.2020, on the file of the third respondent to any other investigation officer.

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On the side of the petitioner, it is stated that the occurrence took place on 15.09.2020 and the F.I.R was registered, on the same day, the third respondent insisted the petitioner to go for compromise. Since the petitioner refused to do the same, a false case was registered against the petitioner and prayed the investigation to be transferred to some other investigation officer.

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On the side of the prosecution, it is stated that two cases were registered. There is a counter case in Crime No.227 of 2020 and both the cases, charge sheet was filed. In Crime No.227 of 2020, charge sheet

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was filed and the same was taken on file as S.T.C.No.1696 of 2022 on

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the file of the Judicial Magistrate, Tenkasi.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.733 of 2021

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In this case, ie., in Crime No.228 of 2020, charge sheet was filed

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and the same was taken on file as S.T.C.No.570 of 2022 and the case is

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adjourned to 26.04.2023 for appearance of the accused.

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In view of the above submission made by the prosecution, this

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Petition is dismissed.

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NCC : Yes/No Index : Yes/No 10.03.2023 Internet : Yes/No Ls To

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1.The Superintendent of Police, Superintendent of Police office, Tenkasi

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2.The Deputy Superintendent of Police Deputy Superintendent of Police office, Puliyankudi, Tenkasi District.

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3.The Sub Inspector of Police, Chokkampatti Police Station, Tenkasi District.

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

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Madurai.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.733 of 2021

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R.THARANI. J.

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Crl.O.P.(MD)No.733 of 2021

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10.03.2023

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https://www.mhc.tn.gov.in/judis

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V.Mallika v. The Superintendent of police

Case brief

What is this about?

What did the court decide?

V.Mallika v. The Superintendent of police

Case brief

What is this about?

What did the court decide?

What the court decided

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