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Madras High CourtCRL OP/8864/2015closed

K.N.Saraswathi v. The Deputy Superintendent Of

2015-04-08Honourable Mr Justice P. N. Prakash2 pages

Crl.O.P.No.8864 of 2015 P.N.PRAKASH,J The matter has been listed today under the caption "for being mentioned to".

2. It is submitted by the learned counsel for the petitioner that though the prayer in the petition is for a direction to register the complaint dated 22.01.2013 and take action in accordance with law, the order dated 08.04.2015 states as if the petitioner seeks for transfer of his complaint.

3. The order dated 08.04.2015 passed by this Court in this Criminal Original Petition reads as follows:- "The petitioner seeks for transfer of his complaint, which has been assigned CRS.No.42 of 2013 from the file of the second respondent/Police to any other Police station.

2. According to me, when the complaint petition given by the petitioner is pending in CSR stage, it cannot be transferred to any other police station. Hence, the Criminal Original Petition is closed with liberty to the petitioner to work out her remedy in the manner known to law".

P.N.PRAKASH,J rg 4.

On a reading of the order dated 08.04.2015 passed by this Court, it is seen that there is a patent error in the order.

5. At this juncture, the learned counsel for the petitioner submitted that the respondent police has been wrongly mentioned Mahalingapuram Police Station, Pollachi, whereas the correct police station is Mahalingapuram Police Station, Coimbatore and therefore he sought permission of this Court to withdrawn the Criminal Original Petition.

6. In view of the above submission made by the learned counsel for the petitioner, this Criminal Original Petition stands dismissed as withdrawn with liberty to the petitioner to file a fresh petition, stating the correct police station.

28.04.2015 rg Note: Office is directed to issue amended order copy to the petitioner Crl.O.P.No.8864 of 2015