Dismissed¶33

N.Rohini v. State Rep by

Madras HC26 Feb 2025CRL MP/528/2022

Case brief

AI extract

What is this about?

Transfer of investigation; Crime No.3 of 2019; Cr.No.3/2019; All Women Police Station, Coonoor; Nilgiris District; CBCID Coimbatore Unit; final report filed in CC.No.84 of 2022; failure to file final report within four weeks; order dated 18.03.2021 in Crl.O.P.No.5368 of 2021; allegation of deletion of accused names from FIR; improper investigation; dismissal of Criminal Miscellaneous Petition; alternative remedies against final report; Madras High Court; Sunder Mohan, J.; N.Rohini; P.Vijayalakshmi.

What did the court decide?

In view of the fact that the final report has been filed, nothing survives for adjudication in the transfer petition. ¶33

N.Rohini Vs State Rep by — Madras HC (2025) — LawSathi Research

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Crl.O.P.No.528 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26-02-2025

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CORAM

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THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL MP No. 528 of 2022 in

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Crl.O.P.No.5368 of 2021

N.Rohini

..Petitioner

vs.

The Superintendent Of Police, Nilgiris District.

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The Inspector of Police,

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All Women Police Station,Coonoor, Udagamandalam District.

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P.Vijayalakshmi Inspector of Police,All Women Police Station, Coonoor, Nilgiris District. (Cr.No.3 of 2019)

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The Inspector of Police, CBCID, Coimbatore Unit, Coimbatore. Respondents

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To Call for the records pertaining to Crime No.3/2019 on the file of the 2nd respondent and transfer the same to the 4th respondent with a direction to investigate the case and file Final Report before the Jurisdictional Magistrate, Coonoor and pass such further or other orders as this Honble Court.

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For Petitioner : M/s.A.Parthasarathy For Respondent : Mr.S.Santhosh

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Government Advocate(Crl.Side)

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ORDER

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1/4

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

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Crl.O.P.No.528 of 2022

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This petition has been filed to transfer the case in Crime No.3 of

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2019 on the file of the second respondent to the fourth respondent herein, since

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the second respondent did not proceed with the investigation and did not file the final report within a period of four weeks as directed by this Court vide order dated 18.03.2021 in Crl.O.P.No.5368 of 2021.

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The learned Government Advocate (Crl.Side) on instructions submitted that pursuant to the investigation, a final report has been filed in CC.No.84 of 2022, before the jurisdictional Magistrate and hence, nothing survives for adjudication.

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The learned counsel for the petitioner however, would

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submit that the respondents have not conducted the investigation properly and the respondents have deleted the names of certain accused, who are named in the FIR.

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Heard both sides and perused the materials available on

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record.

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2/4

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

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Crl.O.P.No.528 of 2022

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In view of the fact that the final report has been filed, this Court is of the view that nothing survives for adjudication in this petition. If the petitioner is aggrieved by the final report, there are other remedies available to the petitioner. Accordingly, this Criminal Miscellaneous Petition is dismissed.

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26.02.2025

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vca Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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SUNDER MOHAN,J.

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3/4

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

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Crl.O.P.No.528 of 2022