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Madras High CourtCRL OP/14322/2019dismissed as infructuous

Sundaramoorthy v. The Director General Of Police,

2020-10-16Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2020

CORAM

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN CRL.O.P NO.14322 OF 2019 AND CRL.M.P.NO.6948 OF 2019 Sundaramoorthy ... Petitioner Vs.

1. The Director General of Police, Head of Police Force, Mylapore, Chennai - 600 004.

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

3. State by The Inspector of Police, Karu Veppilankuruchi Police Station, Cuddalore District.

(Crime No.108 of 2019)

4. The Deputy Superintendent of Police, CBCID, Cuddalore District.

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation of the case in Crime No.108 of 2019 on the file of the 3rd respondent herein viz., the Inspector of Police, Karuvepilankurichi Police Station, Cuddalore District, to the file of the Deputy Superintendent of Police, CBCID, Cuddalore, or any other competent investigating agency for proper investigation and to file a report before competent Court.

For Petitioners : Mr.K.Balu For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

The present Criminal Original Petition has been filed seeking a relief to transfer the investigation of the case in Crime No.108 of 2019 pending on the file of the 3rd respondent police to the file of the Deputy Superintendent of Police, CBCID, Cuddalore,/4th respondent or any other competent investigating agency for proper investigation.

2. There is no representation on behalf of the petitioner.

3. Heard the learned Additional Public Prosecutor appearing for the respondents police.

4. The learned Additional Public Prosecutor, on instructions, would submit that in respect of the petition mentioned Crime Number i.e. 108 of 2019, the 3rd respondent police completed the investigation and filed a final report before the Mahila Court, Cuddalore. He would further submit that the above-said charge sheet was taken on file and the same is pending in S.C.No.314 of 2020.

5. In respect of Crl.M.P.No.6948 of 2019 filed by the petitioner for awarding compensation, the learned Additional Public Prosecutor would submit that in earlier occasion, the grievance addressed by the petitioner was considered by the Chairman, Principal District Judge, District Legal Services Authority, Cuddalore, and vide order dated 26.06.2019, in Victim Compensation Petition No.25 of 2019, he passed an order directing the authorities to disburse a sum of Rs.2,50,000/- as compensation to the victim person under Tamil Nadu Victim Compensation Scheme, 2013, for the death of one Thilagavathi.

6. He would further submit that in complying the said order, the amount of Rs.2,50,000/- was disbursed to the victim on 07.08.2020 and therefore, both the Criminal Original Petition and Criminal Miscellaneous Petition have become infructuous.

7. Recording the submissions made by the learned Additional Public Prosecutor, the present Criminal Original Petition and Criminal Miscellaneous Petition are dismissed as infructuous. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar asi

To

1. The Director General of Police, Head of Police Force, Mylapore, Chennai - 600 004.

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

3. The Inspector of Police, Karu Veppilankuruchi Police Station, Cuddalore District.

4. The Deputy Superintendent of Police, CBCID, Cuddalore District.

5. The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P No.14322 of 2019 and Crl.M.P.No.6948 of 2019 AD(CO) CS/10/11/2020