Susila Namachivayam v. The Commisioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2017 CORAM :
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.OP.No.29191 of 2010 and MP.Nos.1 and 3 of 2010 Suseela Namachivayam (died) Mrs.V.Devi impleaded as per order dated 25.09.2013.
... petitioner in Mp1/2010 Vs.
1.The Commissioner of Police, City Commissioner Office, Egmore, Chennai-8.
2.The Assistant Commissioner of Police Mylapore Division, Mylapore, Chennai-4.
3.The Inspector of Police, Mylapore Police Station, Mylapore, Chennai-4.
4.The Joint Director Central Bureau of Investigation, Haddows Road, Chennai-6.
5.N.Kanniah 6.C.A.Raja Sridhar 5th and 6th respondents impleaded as per the order of this Court dated 20.12.2010 in Mp 2/2010 ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.PC to direct the 4th respondent herein to depute the Competent investigating Office and find out the real truth in the case of missing of the petitioner's husband Namachivayam based on the petitioner's complaint dated 11.12.2010.
For petitioner : M/s.T.P.Senthilkumar For respondents : Mr.R.Ravichandran, GA (Crl.side) for R1 to R3.
Mr.K.Srinivasan, Spl.PP for CBI for R4.
Mr.A.Jenasenanan, for R5 and R6.
ORDER
Heard both sides.
2. Now, the investigation is pending before the State police and the prayer sought for in this petition to direct the 4th respondent/CBI to depute a competent officer to investigate into the matter is not at all maintainable, without transferring the investigation to the 4th respondent.
3. The learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file a fresh petition and he has also made an endorsement to that effect.
4. Recording the endorsement made by the learned counsel for the petitioner, this petition is dismissed as withdrawn, with liberty to file a fresh petition. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsh To 1.The Commissioner of Police, City Commissioner Office, Egmore, Chennai-8.
2.The Assistant Commissioner of Police Mylapore Division, Mylapore, Chennai-4.
3.The Inspector of Police, Mylapore Police Station, Mylapore, Chennai-4.
4.The Joint Director Central Bureau of Investigation, Haddows Road, Chennai-6.
5.The Public Prosecutor, High Court, Madras 6.The Special Public Prosecutor, CBI cases, High Court, Madras.
+3cc to Mr.A.Jenasenan, Advocate SR.No.48408 Crl.OP.No.29191 of 2010 KK(CO) GN(31/07/2017)