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Madras High CourtCRL OP/2639/2024dismissed

Amsavalli v. State Rep.By

2025-02-04Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Amsavalli ... Petitioner Vs The State Represented By its;

1. The Superintendent of Police, Kallakurichi District, Kallakurichi -606 202.

2. The Inspector of Police, Edaikkal Police Station, Kallakurichi District.

3. The Inspector of Police, CBCID, Villupuram District.

... Respondents PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to issue direction u/s 482 of Cr.PC and pass any appropriate order or direction directing the first respondent to transfer the investigation of the case in Cr.No.145 of 2023 from the second respondent to the third respondent, CBCID to hold on enquiry and carry the investigation on the complaint dated 10.08.2023 given by the petitioner.

For Petitioner : M/s K.Akshaya For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed for direction directing the first respondent to transfer the investigation of the case in Crime No.145 of 2023 from the second respondent to the third respondent, CBCID to hold on enquiry and carry the investigation on the complaint dated 10.08.2023 given by the petitioner.

2. Heard the learned counsel on either side and perused the materials placed on record.

3. On instructions, the learned Government Advocate (Crl.side) submitted that after registration of FIR in Crime No.145 of 2023, the second respondent had completed the investigation and closed the FIR as "Action Dropped". Thereafter, the petitioner was served with referred charge sheet notice and also filed a quash petition before the learned Judicial Magistrate I, Ulundurpet, on 12.02.2024 itself. Therefore, no

investigation is pending on the file of the second respondent and the question of transfer of investigation does not arise.

4. In view of the above, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to file a protest petition on the closure report, within a period of two weeks from the date of receipt of a copy of this order before the concerned Jurisdictional Court. 04.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Superintendent of Police, Kallakurichi District, Kallakurichi -606 202.

2. The Inspector of Police, Edaikkal Police Station, Kallakurichi District.

3. The Inspector of Police, CBCID, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

04.02.2025