S. Nandakumar, v. The State Of Tamil Nadu, Rep.

THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 18..10..2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition No.22151 of 2016 S.Nandakumar, Managing Partner, T.K.T. Motors, Tirupur Bunk Bus Stop, Tirupur.

... Petitioner -VersusState of Tamil Nadu Rep. by Inspector of Police, Tirupur South Police Station, Tirupur Town, Tirupur.

... Respondent Petition filed under Section 482 of Cr.P.C. praying to order for transfer of the case in Crime No.546 of 2016 dated 28.06.2016 pending on the file of the respondent to any other investigating agency / or to any other officer with a direction to conduct fair and proper investigation and to file final report in accordance with law.

For Petitioner : Mrs.Selvi George For Respondent : Mr.C.Emalias, APP https://hcservices.ecourts.gov.in/hcservices/

ORDER

When the matter was taken up for hearing, Mr.C.Emalias, the learned Additional Public Prosecutor submitted that investigation in Crime No.546 of 2016 has been completed and the case has been closed as "mistake of fact".

2. Recording the same, this criminal original petition is closed. The respondent police is, however, directed to file closure report before the jurisdictional as early as possible after serving RCS notice on the de facto complainant so that he can approach the jurisdictional Magistrate and file a protest petition as per the law laid down by the Hon'ble Supreme Court in Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar kmk To 1.The Judicial Magistrate No.II, Tirupur, Tirupur District. 2.The Inspector of Police, Tirupur South Police Station, Tirupur Town, Tirupur.

3.The Public Prosecutor, High Court, Madras 600104. + 1 cc to Mrs. Selvi George, Advocate SR.59305 Crl.O.P.No.22151 of 2016 NR(CO) EU 15.11.16 https://hcservices.ecourts.gov.in/hcservices/