1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.07.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P.(MD).No.8493 of 2011 Kavitha : Petitioner Vs. 1.State rep. By The Superintendent of Police, Pudukkottai District, Pudukkottai. 2.The Sub-Inspector of Police, All Women Police Station, Thirumayam, Pudukkottai District. : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the 1st respondent to change the investigation officer not below the rank of Deputy Superintendent of Police and order to file a final report on petitioner's complaint dated 14.03.2011 based on the petitioner's representation dated 04.07.2011. For Petitioner: Mr.S.Muthalraj For Respondent: Mr.K.V.Rajarajan Government Advocate (Criminal Side) ORDER Heard the submissions made by the learned counsel appearing on either side. 2.The learned counsel appearing for the petitioner would submit that the petitioner gave a complaint before the 2nd respondent on 14.03.2011. Subsequently, he sent a representation to the 1st respondent on 04.07.2011. Sofar, the respondent herein has not registered the same and investigated the same. Hence the petitioner has come forward with the present petition seeking change of investigation. 3.The learned Government Advocate (Criminal side) would submit that complaint has been received on 14.03.2011. After enquiry, it has been closed on 19.03.2011. Hence, he prays for dismissal of the petition. 4.Considering the rival submissions made on either side, it is made clear that on the basis of the complaint given by the petitioner on 14.03.2011, an enquiry has been conducted and subsequently, the case has been closed on 19.03.2011. Since the case is yet to be registered, the question of change of investigation does not arise. Hence this criminal original petition is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 2 5.With the above observation, this Criminal Original Petition is dismissed. Sd/- Deputy Registrar (Writs) /True copy/ Assistant Registrar To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai. 2.The Sub-Inspector of Police, All Women Police Station, Thirumayam, Pudukkottai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO MR.NA.PALANIYANDI, ADVOCATE SR.25201 Vs SR : 09.08.2011 :2p/5c Order made in CRL.O.P.(MD).No.8493 of 2011 Dated:- 29.07.2011 https://hcservices.ecourts.gov.in/hcservices/