P.MAHESHWARI Vs. SUPERINTENDENT OF POLICE, PUDUKOTTAI

JUDGEMENT

(1.) This criminal original petition has been filed seeking transfer of investigation in Crime No.428 of 2021 registered on the file of the Inspector of Police, Thirumayam police station.

(2.) The petitioner is the defacto complainant in the said case. Though the First Information Report involves the offence under Sec. 354A of I.P.C., till date the statement of the petitioner under Sec. 164 of Cr.P.C., has not been recorded by the jurisdictional Magistrate. The learned counsel appearing for the petitioner draws my attention to Sec. 164 of Cr.P.C. The said provision reads as under:-

(3.) In this case the First Information Report was registered as early as on 18/8/2021. The statute contemplates recording of the statement as soon as the commission of offence is noticed by the police. More than 2- 1/2 months have gone by. The delay on the part of the third respondent cannot be appreciated.