1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2011 CORAM THE HONOURABLE Ms.JUSTICE R.MALA Crl.O.P.(MD)NO.7870 of 2011 Usha ... Petitioner Versus 1.The Superintendent of Police, Thanjavur District. Thanjavur. 2.The Inspector of Police, Pappanadu Police Station, Thanjavur District. ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the 1st respondent to transfer the investigation in crime No.91 of 2011 dated 04.04.2011 on the file of the 2nd respondent police to some other impartial investigating agency. For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.K.V.Rajarajan, Government Advocate (Crl. Side) O R D E R This petition is filed seeking for a direction, directing the 1st respondent to transfer the investigation in crime No.91 of 2011 dated 04.04.2011 on the file of the 2nd respondent police to some other impartial investigating agency. 2. The learned counsel for the petitioner would submit that even though the petitioner has given complaint to the 2nd respondent, the 2nd respondent has not registered a case. Hence, the petitioner has approached the learned Judicial Magistrate, Orathanadu, by way of private complaint in Cr.M.P.No.3 of 2011 and the learned Judicial Magistrate has directed the 2nd respondent to register the case. On the basis of the order passed in Cr.M.P.No.3 of 2011, the case has been registered on 04.04.2011, in Crime No.91 of 2011 for offences under Sections 147, 148, 448, 352, 354, 506(ii) and 379 I.P.C. r/w Section 3(1) of PPDL Act against nine named accused persons. However, the respondents have not taken any steps for investigating the matter and filing the charge sheet. Hence, he has come forward with the present petition for transfer the investigation from the second respondent police to some other impartial investigating agency. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned Government Advocate (Crl. Side) would submit that already the second respondent has investigated into the matter and filed a referred charge sheet as 'mistake of fact' before the learned Judicial Magistrate, Orathanadu, on 04.04.2011 and hence, he prays for the dismissal of this application. 4. Recording the submission of the learned Government Advocate (Crl. Side), this Criminal Original Petition is closed. However, the petitioner has every right to agitate the same before the concerned Magistrate Court after the receipt of the notice in this referred charge sheet. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Thanjavur District, Thanjavur. 2.The Inspector of Police, Pappanadu Police Station, Thanjavur District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Vsm ssk/11.08.2011 /4c -2p/- Crl.O.P.(MD)NO.7870 of 2011 02.08.2011 https://hcservices.ecourts.gov.in/hcservices/