LAWS(MAD)-2009-7-617

STELLA P JESUMATHY Vs. STATE

Decided On July 30, 2009
STATE Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE Defacto Complainant, on whose complaint a case originally was registered on the file of the All Women Police Station, Erode as Crime No.13/2008, has come forward with the present petition under section 482 of Cr.P.C. for an order transferring the investigation of the said case from the 3rd respondent herein to the 2nd respondent. THE 3rd respondent is the Inspector of Police, All Women Police Statiion, Adyar, Chennai-20. THE 2nd respondent is the Inspector of Police, All Women Police Station, Erode. THE necessity for seeking such transfer arose because of the transfer of the investigation of the above said case from the file of All Women Police Station, Erode to the file of All Women Police Station, Adyar, Chennai on jurisdictional ground.

(2.) THE submissions made by Mr.R.Gandhi, learned senior counsel representing the counsel for the petitioner, Mr.I.Paul Nobel Devakumar, learned Government Advocate (Crl. Side) representing the respondents 1 to 3 herein and Mr.Prof.M.Udhayabhanu, learned counsel representing respondents 4 to 6 were heard. THE documents produced along with the petition and the papers produced at the time of hearing on either side were also taken into consideration.

(3.) IT is a fact that can be discerned from the documents that the petitioner was, at the initial stage, made to run from pillar to post to get her complaint registered as a case. Initially, the complaint lodged by her with the 3rd respondent did not get any favourable response. Therefore she had to approach the Commissioner of Police, Director General of Police,State Legal Services Authority andState Women's Commission. At last the Director General of Police forwarded the complaint to the 2nd respondent, namely the Inspector of Police, All Women Police station, Erode to register a case and investigate the same. This was done because at that point of time, the petitioner was residing within the jurisdiction of the said police station along with her parents.