Minor Bharathi v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.14445 OF 2020 Minor Bharathi (F/16 Years) Rep by its Natural Guardian Father K.Krishnamoorthy S/o.Kannan ... Petitioner Vs.

1. The Director General of Police, Dr. Radhakrishna Salai, Mylapore, Chennai.

2. The Superintendent of Police, Villupuram, Villupuram District.

3. The Inspector of Police, Vikravandi Police Station,

4. The Inspector of Police, CBCID villupuram, ... Respondents PRAYER:

Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to withdraw the investigation in Crime No.36 of 2020 pending on the file of 3rd respondent Police and transfer the same to the 4th respondent Police and consequently direct the 4th respondent to investigate and file final report within the time fixed by this Court in accordance with law.

For Petitioner : Mr.Sarath Chandran for M/s.K.M.Vijayan Associates For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to withdraw the investigation in Crime No.36 of 2020 pending on the file of third respondent Police and transfer the same to the fourth respondent Police and consequently direct the fourth respondent to investigate and file the final report.

2. The learned Government Advocate (Criminal side) appearing for the respondents would submit that based on the petitioner's complaint, FIR has been registered in Crime No.36 of 2020 and the same was enquired in detail and it was closed as 'Mistake of Fact' on 04.05.2021. Therefore, the direction sought for in this petition has become infructuous.

3. Recording the said submission made by the learned Government Advocate (Criminal Side), this petition is dismissed as infructuous. However, the third respondent is directed to serve the RCs Notice to the petitioner and on receipt of the same, the petitioner is at liberty to file a protest petition before the appropriate forum in the manner known to law. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nti/ata To

1. The Director General of Police, Dr. Radhakrishna Salai, Mylapore, Chennai.

2. The Superintendent of Police, Villupuram,

3. The Inspector of Police, Vikravandi Police Station,

4. The Inspector of Police, CBCID villupuram,

5. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.14445 of 2020 PMK(CO) PM/05/07/2022