BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17/07/2009
CORAM
THE HONOURABLE MR.JUSTICE R.S.RAMANATHAN
W.P. (MD).No. 3240 of 2009
Nagalakshmi ... Petitioner
Vs.
1. The Commissioner of Police,
Madurai City, Madurai.
2. The Deputy Commissioner of Police,
(Law and Order), Madurai City,
Madurai.
3. Inspector of Police,
All Women Police Station Thallakulam,
Madurai.
4. Inspector of Police,
All Women Police Station,
Chempatti, Dindigul District.
... Respondents
Writ Petition has been filed under Section 226 of the Constitution of
India to issue a Writ or order or direction in the nature of Writ of Mandamus
directing the 1 to 3rd respondents not to transfer the investigation from the
3rd respondent to the 4th respondent.
!For Petitioner ... Mrs. A. Rajini
^For respondents ... Mr.D. Gandhiraj,
Government Advocate
:ORDER
Heard the learned counsel for the petitioner and Mr. D. Gandhiraj,
the learned Government Advocate who took notice for the respondents.
2. In this writ petition the petitioner prays for the relief of not
transferring the investigation in respect of Crime No.4 of 2009. According to
the petitioner, she is now residing at Plot No.80, K.K.Nagar, Madurai. While
she was residing in her husband’s house at Chempatti in Dindigul District, she
was ill-treated cruelly by her husband’s father and mother and other relatives.
Therefore, she has given a complaint before the All Women Police Station about
the offences committed by her husband’s father and mother and other relatives.
According to her, now the said case has been transferred from All Women Police
Station, Madurai to Inspector of Police, All Women Police Station, Chempatti,
Dindigul District and being a woman, she cannot go to Chempatti Village for
participation in the enquiry and she also apprehends and danger to her life if
she goes to Chempatti. In the circumstances, she prayed for the relief as
stated above in this writ petition.
3. Mr. D. Gandhiraj, the learned Government Advocate, submitted that the
complaint given by the petitioner discloses that the offences have taken place
in Chempatti Village and therefore the case was registered in Crime No.4 of 2009
by the 3rd respondent Police and as per the opinion of the Deputy Director of
Prosecution, Madurai dated 3.3.2009, the F.I.R. is transferred to the concerned
Jurisdictional Police Station for investigation and when the process was going
on, this writ petition was filed. According to the learned Government Advocate
that the entire occurrence had taken place only in Chempatti village and
therefore it is proper that the investigation is to be taken up only by the
Chempatti Police Station.
4. Mrs. A. Rajini, the learned counsel for the petitioner submitted that
under Section 160 Criminal Procedure Code, the investigation has to be done only
in the place where the woman is residing and she is residing at Madurai and
therefore the investigation should be transferred.
5. It is seen from the complaint and from the opinion of the Deputy
Director of Prosecution that the entire occurrence had taken place at Chempatti
and therefore the Police at Chempatti is the competent Police Station to
investigate the case and therefore the F.I.R. has been rightly transferred to
Chempatti Police Station. There is no basis for apprehension of the petitioner.
Though the investigation is transferred to Chempatti Police Station, the
Investigating Officer should not call the petitioner for investigation by asking
her to come to Chempatti and as per Section 160 Cr.P.C., the Investigation
Officer shall enquire and obtain statement from the petitioner only in the house
where she is residing namely Madurai. Therefore, the petitioner need not worry
about the fact of going to Chempatti Police Station and she need not go to
Chempatti Police Station for investigation.
6. As the Police have taken proper action, there is no need for
transferring the investigation and hence the writ petition is closed.
kr.
To
1. The Commissioner of Police,
Madurai City, Madurai.
2. The Deputy Commissioner of Police,
(Law and Order), Madurai City,
Madurai.
3. Inspector of Police,
All Women Police Station Thallakulam,
Madurai.
4. Inspector of Police,
All Women Police Station,
Chempatti, Dindigul District.