R.V.Sudharshan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN & Crl.M.P.No.13868 of 2023 R.V.Sudharshan (M/50).

S/O. Durai Ramasamy, No.9/11, Mettupalayam Road, Vellakovil Via, Kangeyan Taluk, Tiruppur District - 638 111.

... Petitioner/Defacto Complainant /versus/

1. The State of Tamil Nadu, Rep By The Assistant Commissioner of Police, City Crime Branch, Coimbatore City, Coimbatore.

2. The Inspector of Police, City Crime Branch, Coimbatore City, Coimbatore.

3. The Inspector of Police, Organized Crime Unit. CBCID, Coimbtore Range, No.800, Avinashi Road, A.R.Rural Police Quarters Compound, Coimbatore 641018.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to transfer the investigation in Crime No.70 of 2015 on the file of the 2nd respondent police and transfer to the 3rd Respondent and file a final report.

For Petitioner : Mr.K.S.Karthik Raja For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This petition has been filed to transfer the investigation in Crime No.70 of 2015 on the file of the 2nd respondent police and transfer to the 3rd Respondent and file a final report.

2. On instructions, Mr. K.M.D.Muhilan, Learned Government Advocate (Crl. Side) for the respondents submits that the investigation in Crime No. 70 of 2015 has already been completed and closed as a mistake of fact.

3. The Learned Counsel for the petitioner submits that the 2nd respondent has closed the F.I.R as a mistake of fact on two occasions. On both occasions, the petitioner filed a protest petition and the 2nd respondent was directed to investigate further. Despite this, the 2nd respondent again closed the F.I.R. as 'mistake of fact' and filed a closure report. Therefore, no investigation is pending on the file of the 2nd respondent to warrant the transfer of investigation.

4. In view of the above fact, this Criminal Original Petition is dismissed. The referred charge sheet notice was also served to the petitioner on 22.11.2022. Consequently, connected Miscellaneous Petition is closed. 04.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order To,

1. The Assistant Commissioner of Police, City Crime Branch, Coimbatore City, Coimbatore.

2. The Inspector of Police City Crime Branch, Coimbatore City, Coimbatore.

3. The Inspector of Police Organized Crime Unit. CBCID, Coimbtore Range, No.800, Avinashi Road, A.R.Rural Police Quarters Compound, Coimbatore 641018.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

bsm & Crl.M.P.No.13868 of 2023 04.02.2025