Madras High CourtCRL OP/20877/2013closed

S. Kalpana v. The Superintendent Of Police

2019-03-06Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P. No.20877 of 2013 S.Kalpana, W/o.Selvakumar .. Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Nagapattinam District, Nagapattinam.

2.The Inspector of Police, Sembanar Kovil Police Station, Nagapattinam District, Nagapattinam.

3.The Inspector of Police, District Crime Branch, Thanjavur.

.. Respondents/Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing to transfer the investigation of Crime No.190 of 2013 on the file of 2nd respondent Police to the 3rd respondent District Crime Branch, Thanjavur or to any other investigating agency. For Petitioner : Mr.G.Sankaran For Respondents: Mr.Hari Hara Arun Somasankar Government Advocate [Crl. Side] *****

O R D E R

This Criminal Original Petition has been filed to transfer the F.I.R in Crime No.190 of 2013 on the file of 2nd respondent Police to the 3rd respondent District Crime Branch, Thanjavur.

2.The learned Government Advocate [Crl. Side] on instructions would submit that the case has been closed as "Mistake of Fact" on 04.04.2013 and the R.C.No.31 of 2013 was served to the complainant.

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3.The learned counsel for the petitioner would submit that the petitioner lodged a complaint on 04.04.2013 and the F.I.R was registered on 04.04.2013, without any proper investigation, the F.I.R has been closed as "Mistake of Fact", thereafter, R.C.No.31 of 2013 was also served to the petitioner. Aggrieved against the same, this petition has been filed. In the meanwhile, on receipt of the R.C.No.31 of 2013, the petitioner had also filed a private complaint against her husband and in-laws.

4.In view of the same, nothing survives for adjudication in the above said Criminal Original Petition and hence, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar vv2 To 1.The Superintendent of Police, Nagapattinam District, Nagapattinam.

2.The Inspector of Police, Sembanar Kovil Police Station, Nagapattinam District, Nagapattinam.

3.The Inspector of Police, District Crime Branch, Thanjavur.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20877 of 2013 SR(CO) RRS(16/04/2019) https://hcservices.ecourts.gov.in/hcservices/