Pongodi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11161 of 2024 Poongodi ... Petitioner Vs.

1.The Superintendent of Police, Krishnagiri District.

2.State Rep. by Inspector of Police, Anchetty Police Station, Anchetty, Krishnagiri District 635 102.

Crime No.36 of 2024.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to transfer the investigation in Crime No.36 of 2024 pending on the file of the second respondent police to the CBCID police or any other investigation agency.

For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr.R.Vinothraja, Government Advocate (crl.side).

O R D E R

This Criminal Original Petition has been filed seeking a direction to transfer the investigation in Crime No.36 of 2024 pending on the file of the second respondent police to the CBCID.

2. The learned Government Advocate (crl.side) would submit that FIR in Crime No.36 of 2024, pending on the file of the second respondent police, has been enquired and the same was closed as 'mistake of fact'. The petitioner was also duly served with Refer Charge Sheet in RCS.No.14 of 2024 and the closure report also filed before the learned Judicial Magistrate, Thenkanikottai, Krishnagiri District. Therefore, no investigation is pending on the file of the second respondent.

3. Recording the submission made by the learned Government Advocate (crl.side), the Criminal Original Petition is dismissed. 03.02.2025 : Yes/No Speaking/non-speaking order shk To 1.Judicial Magistrate, Thenkanikottai, Krishnagiri District. 2.The Superintendent of Police, Krishnagiri District.

3.The Inspector of Police, Anchetty Police Station, Anchetty, Krishnagiri District 635 102.

Crime No.36 of 2024.

4. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.11161 of 2024 03.02.2025