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Madras High CourtCRL OP/13777/2016closed

Sagadevan, v. The State Rep. By The Director

2016-07-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.13777 of 2016 Sagadevan .. Petitioner Vs 1.The Director General of Police Mylapore, Chennai 600 004.

2.The Superintendent of Police Thiruvallur, Thiruvallur District.

3.The Inspector of Police Poonamallee Police Station Thiruvallur, Thiruvallur District. .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to transfer the investigation of Cr.No.408 of 2015 on the file of the third respondent police to some other agency and investigate the same.

For Petitioner :

Mr.D.Arun For respondents :

Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent to transfer the investigation of Cr.No.408 of 2015 on the file of the third respondent police to some other agency and investigate the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that investigation in T-12 Poonamallee Police Station Cr.No.408 of 2015 was completed and an "action dropped" report has been filed before the Tahsildar, Poonamallee on 05.08.2015.

4. Under such circumstances, the Tahsildar, Poonamallee https://hcservices.ecourts.gov.in/hcservices/

is directed to take photocopy of the investigation papers and retain the same in his file and forward the original papers to the Court of the Judicial Magistrate-II, Poonamallee. A copy of the closure report has been furnished to the learned counsel for the petitioner across the Bar.

With the above direction, this petition is closed with liberty to the petitioner to file a protest application before the Judicial Magistrate-II, Poonamallee and on such protest application being filed, the same shall be dealt with in terms of the law laid down by the Supreme Court in Vinay Tyagi vs. Irshad Ali @ Deepak and others [(2013) 5 SCC 762]. Sd/- Assistant Registrar(V) //True Copy// Sub Assistant Registrar gms To 1.The Director General of Police Mylapore, Chennai 600 004.

2.The Superintendent of Police Thiruvallur, Thiruvallur District.

3.The Inspector of Police Poonamallee Police Station Thiruvallur,Thiruvallur District.

4.The Public Prosecutor, High Court, Madras.

Crl.OP No.13777 of 2016 RP(CO) Eu 26.7.16 https://hcservices.ecourts.gov.in/hcservices/