K.Mahalingam v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.1563 of 2015 K.Mahalingam ... Petitioner Vs 1.The State of Tamil Nadu rep. by the Deputy Superintendent of Police, Dharapuram Taluk, Tirupur District.

2.The Inspector of Police, Dharapuram Police Station, Tirupur District.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying for a direction to transfer the investigation in Cr.No.1650 of 2010 on the file of the 2nd respondent police to any other independent agency at the earliest point of time. For Petitioner : Mr.S.Selvathirumurugan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying for a direction to transfer the investigation in Cr.No.1650 of 2010 on the file of the 2nd respondent police to any other independent agency.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. On 24.04.2015, this Court directed the Investigating Officer to be present before this Court with case diary.

4. Today, Mr.Somasundaram, Inspector of Police, Dharapuram Police Station, Tirupur District is present. It is seen that investigation has been completed and a Closure Report dated 16.01.2015 is ready, but not filed before the jurisdictional Magistrate.

5. The respondent police is directed to file the Closure Report before the jurisdictional Magistrate within two weeks, from the date of receipt of a copy of this order and also furnish a copy https://hcservices.ecourts.gov.in/hcservices/

of the Closure Report and the statement that has been recorded by the respondent police to the defacto complainant/petitioner.

6. On receipt of the said entire documents, the defacto complainant is entitled to file Protest Application before the learned Judicial Magistrate, Dharapuram and the learned Magistrate is directed to take action in accordance with law as laid down by the Supreme Court in Vinay Tyagi Vs Irshad Ali reported in 2013 [5] SCC 762.

7. With the above observation, this Criminal Original Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gya To 1.The Deputy Superintendent of Police, Dharapuram Taluk, Tirupur District.

2.The Inspector of Police, Dharapuram Police Station, Tirupur District.

3.The Public Prosecutor, High Court, Madras.

+ 2 ccs to Mr.S.Selvathirumurugan, Advocate Sr.27524 CRL.OP.No.1563 of 2015 KM(CO) EU 12.06.15 https://hcservices.ecourts.gov.in/hcservices/