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Madras High CourtCRL OP/17212/2021disposed of

A.Karunanidhi v. The Deputy Inspector General Of Police

2021-09-27Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17212 of 2021 and CRL.M.P.No.9454 of 2021 A.Karunanidhi ... Petitioner

Versus

1.The Deputy Inspector General of Police, Villupuram, Villupuram District-605602.

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

3. The Deputy Superintendent of Police, Chidambaram, Cuddalore District.

4. The Inspector of Police, Chidambaram Taluk Police Station, Chidambaram, Cuddalore District.

5. The Inspector of Police, CBCID Police, Cuddalore, Cuddalore District.

... Respondents Page No.1 of 5

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to transfer the investigation to the Inspector of Police, CBCID Police, Cuddalore in Crime No.190 of 2021 pending investigation on the file of the Inspector of Police, Chidambaram Taluk Police Station.

For Petitioner :

Mr.K.G.Senthilkumar For Respondents :

Mr.R.Vinothraja, Govt. Advocate (Crl.side)

ORDER

(This case has been heard through video conference) The petitioner/defacto complainant filed this petition seeking for change of investigation.

2. The learned Government Advocate (Crl. Side) appearing for respondents would submit that in this case, initially F.I.R. No.90 of 2021 was registered on 24.07.2021 for an offence under Sections 451, 380 and 457 of I.P.C. and on completion of investigation, closure report has been Page No.2 of 5

filed under Section 451 of IP.C. After investigation, the case for offence under Sec.380 of I.P.C. was not included. Finally, nine witnesses examined in this case and the case has been closed as "mistake of fact" and RCS Report No.31 of 2021 dated 22.09.2021 was made ready. The RCS notice and report is yet to be served on to the petitioner and submitted that shortly, it would be served.

3. Recording the same, this Court directs the respondent police to serve the RCS notice and report to the petitioner and thereafter, it is for the petitioner/defacto complainant to approach the concerned court in accordance with law and also it is for the petitioner to file a protest petition before the concerned court in accordance with law.

4. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Criminal Miscellaneous Petition is also closed.

27.09.2021 Index: Yes/No Internet: Yes/No rpp/nr Page No.3 of 5

To 1.The Deputy Inspector General of Police, Villupuram, Villupuram District-605602.

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

3. The Deputy Superintendent of Police, Chidambaram, Cuddalore District.

4. The Inspector of Police, Chidambaram Taluk Police Station, Chidambaram, Cuddalore District.

5. The Inspector of Police, CBCID Police, Cuddalore, Cuddalore District.

6. The Public Prosecutor, High Court, Madras.

Page No.4 of 5

M.NIRMAL KUMAR, J.

rpp/nr CRL.O.P.No.17212 of 2021 27.09.2021 Page No.5 of 5