Madras High Court
T.Sandhya vs State Represented By The Secretary To ... on 8 July, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.19706 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.19706 of 2020
T.Sandhya ... Petitioner
Vs.
1.State represented by the Secretary to Government,
Home Department,
Government of Tamil Nadu,
Fort St.George,
Chennai-600 009.
2.The Director General of Police,
Rajaji Salai,
Chennai-600 001.
3. Sugumar,
Deputy Superintendent of Police,
Nanilam,
Thiruvarur District.
4. Sivabalan,
Circle Inspector,
(Investigating Officer in
Crime No.417 of 2020 on
the file of the Harithvara Mangalam
Police Station registered on
13.10.2020)
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W.P.No.19706 of 2020
Valaingaiman Police Station,
Valaingaiman,
Thiruvarur District.
5. S.Anbazhagan,
Sub Inspector of Police,
Harithvara Mangalam Police Station,
Harithvara Mangalam,
Thiruvarur District.
6. Arivazhagan,
Constable,
Harithvara Mangalam Police Station,
Harithvara Mangalam,
Thiruvarur District.
7. Krishnakumar,
Head Constable,
Harithvara Mangalam Police Station,
Harithvara Mangalam,
Thiruvarur District.
8. Kalyanasundaram,
Constable attached to the Court,
Harithvara Mangalam Police Station,
Harithvara Mangalam,
Thiruvarur District.
9. Dharmarajan,
Special Sub Inspector (Crime Team),
Valangaiman Police Station,
Valaingaiman.
10. Central Bureau of Investigation,
Rajaji Bhawan, Besant Nagar,
Chennai-600090. ... Respondents
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W.P.No.19706 of 2020
Prayer: Writ Petition filed under Section 226 of the Constitution of
India, for the issuance of a Writ of Mandamus, directing the respondents
1 and 2 to transfer the investigation the case registered by the
Haridwaramangalam Police Station in Crime No.417 of 2020 dated
13.10.2020, registered under Section 302 for the murder of the
K.Rajkumar, Advocate, (Petitioner's husband) to the Central Bureau of
Investigation- Respondent No.10.
For Petitioner : Mr.S.Punniyakotti
For R1 and R2 : Mr.A.Gopinath
Government Advocate (Crl.Side)
For R3 : Mr.K.M.Subramaniam
For R10 : Mr.K.Srinivasan,
Special Public Prosecutor for
CBI cases.
ORDER
This petition has been filed for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to transfer the investigation of the case registered by the Haridwaramangalam Police Station in Crime No.417 of 2020 dated 13.10.2020, registered under Section 302 for the murder of the K.Rajkumar, Advocate, (Petitioner's husband) to the Central Bureau of Investigation.
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2. Heard both sides.
3. The learned Government Advocate (Crl.Side) would submit that the fourth respondent completed the investigation in Crime No.417 of 2020 and filed a final report for the offence under Section 302 of IPC and the same has been taken cognizance in S.C.No.28 of 2021 on the file of the learned Principal District Judge, Thiruvarur District and it is pending for trial.
4. Therefore, no investigation is pending on the file of the fourth respondent and as such no question of transfer of investigation arise.
5. In view of the above submission, this petition is devoid of merits and is liable to be dismissed. However, the petitioner is at liberty to invoke the provisions under Section 216 and 319 of Cr.P.C before the Trial Court.
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6. Accordingly, this writ petition stands dismissed. No costs.
08.07.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order mn/cda Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.19706 of 2020 To
1.The Secretary to Government, Home Department, Government of Tamil Nadu, Fort St.George, Chennai-600 009.
2.The Director General of Police, Rajaji Salai, Chennai-600 001.
3. Mr.Sugumar, Deputy Superintendent of Police, Nanilam, Thiruvarur District.
4. Mr.Sivabalan, Circle Inspector, Valaingaiman Police Station, Valaingaiman, Thiruvarur District.
5. Mr.S.Anbazhagan, Sub Inspector of Police, Harithvara Mangalam Police Station, Harithvara Mangalam, Thiruvarur District.
6. Mr.Arivazhagan, Constable, Harithvara Mangalam Police Station, Harithvara Mangalam, Thiruvarur District.
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7. Mr.Krishnakumar, Head Constable, Harithvara Mangalam Police Station, Harithvara Mangalam, Thiruvarur District.
8. Mr.Kalyanasundaram, Constable attached to the Court, Harithvara Mangalam Police Station, Harithvara Mangalam, Thiruvarur District.
9. Mr.Dharmarajan, Special Sub Inspector (Crime Team), Valangaiman Police Station, Valaingaiman.
10. The Central Bureau of Investigation, Rajaji Bhawan, Besant Nagar, Chennai-600090.
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