(Prayer: 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).

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 husbands house at Chempatti in Dindigul District, she was ill-treated cruelly by her husbands father and mother and other relatives. Therefore, she has given a complaint before the All Women Police Station about the offences committed by her husbands 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.