B.Meshak v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.24099 of 2015 B.Meshak ... Petitioner Vs The Inspector of Police, Taluk Police Station, Thiruvellore.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to transfer the case in Crime No.369/2014 pending before the Inspector of Police, Taluk P.S., Thiruvellore to any other Investigation Agency For Petitioner : Ms.R.Mahalaksmi For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to transfer the case in Crime No.369 of 2014 pending before the Inspector of Police, Taluk P.S., Thiruvellore to any other Investigation Agency.

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

3. The learned Additional Public Prosecutor submits that, investigation in Crime No.369 of 2014 has been completed and the case has been closed and closure report has been filed before the learned Judicial Magistrate No.I, Tiruvellore.

4. Under such circumstances, the respondent Police is directed to file the closure report before the jurisdictional Magistrate after serving RCS notice to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

Thereafter, the petitioner will be entitled to file a protest application before the Judicial Magistrate, and the learned Magistrate shall take action in accordance with law as laid down by the Hon'ble Supreme Court in Vinay Tyagi v. Irshad Ali (2013 (5) SCC 762).

With the above directions, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ds To:

1. The Inspector of Police, Taluk Police Station, Thiruvellore.

2. The Public Prosecutor, High Court, Chennai.

Crl.OP No.24099 of 2015 MSM(CO) CA(26/10/2015) https://hcservices.ecourts.gov.in/hcservices/