IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29-04-2009 CORAM: THE HONOURABLE MR.JUSTICE R.REGUPATHI Crl.O.P.No.7357 of 2009 C. Rajalakshmi ... Petitioner Versus 1. State rep by its Inspector of Police All Women Police Station Saidapet, Chennai-600 015 2. State rep by its Inspector of Police All Women Police Station Pulianthope, Chennai-600 011 ... Respondents Prayer: Petition filed under Section 482 Cr.P.C seeking for the reliefs as stated therein. For Petitioner : Mr.S. Deepika For Respondent : Mr. A. Saravanan Government Advocate O R D E R
This petition is filed seeking for a direction to the second respondent police to return the petitioner’s complaint papers to the first respondent’s file and further direct the first respondent to take the petitioner’s case on file and register the case based on the complaint dated 16.4.2009 against one Ganesan and his family members.
2. The learned counsel for the petitioner submits that originally a complaint dated 16.4.2009 was given before the first respondent, who, without even conducting an enquiry, transferred the same to the second respondent and that by taking note of the reason that the petitioner is residing within the jurisdiction of the first respondent and having given birth to a child recently, she cannot be shuttled from the place where she actually resides and therefore the direction sought for may be granted.
3. The learned Government Advocate submits that since the offence alleged had taken place within the jurisdiction of the second respondent, the complaint was transferred by the first respondent to the file of the second respondent.
4. I have perused the materials available on record. Admittedly, the petitioner resides within the jurisdiction of the first respondent and she is mother of a tender child. The proposed accused viz., her husband is residing only at Bangalore. On the meek reason that the parents of the husband are living within the jurisdiction of the second respondent, it need not be transferred mechanically. Moreover, a complaint of this nature can be entertained and investigated into at the place where the wife resides. Therefore, the second respondent is directed to transfer the complaint dated 16.4.2009 and other connected materials forthwith to the first respondent, who is directed to proceed further with the case in accordance with law.
5. With the above direction, the petition is closed.
29-4-2009
sr
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To
1. The Inspector of Police
All Women Police Station
Saidapet, Chennai-600 015
2. State rep by its Inspector of Police
All Women Police Station
Pulianthope, Chennai-600 011
R. REGUPATHI,J.,
sr
Crl.P.No.7357 of 2009
29-4-2009