B.Parandhaman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR B.Parandhaman ... Petitioner Vs.

1.State rep. by Superintendent of Police, Thiruvarur District.

2.The Inspector of Police, Paravakottai Police Station, [Crime No.125 of 2022] Thiruvarur District.

... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code to withdraw the case in Crime No.125 of 2022 from the file of the second respondent and transfer the same to any other such competent authority.

For Petitioner : Mr.Swamisubramanian For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition is filed by the petitioner to withdraw the case in Crime No.125 of 2022 from the file of the second respondent and transfer the same to any other such competent authority. 2.The petitioner, a resident of Sri Balaji Society Trust lodged a complaint with the second respondent and a case in Crime No.125 of 2022 for the offence under Sections 408, 406, 477(A), 465 and 120(B) of IPC registered on 03.07.2022, in which four persons were arrayed as accused. Despite specific complaint made against the accused for misappropriating, creation of false documents, falsification of accounts in conspiracy to the tune of Rs.2,40,00,000/-, no action has been taken. The respondent police were complacent with the accused. Hence, the present petition is filed seeking transfer of investigation to some other Competent authority. 3.Learned Additional Public Prosecutor submits that in this case, after registration of case the petitioner was called to produce the documents and also to participate in the enquiry. But since there was not much cooperation 2/4

investigation could not be proceeded. In view of the same, investigation was closed as further action dropped, notice was served to the petitioner in R.C.S.No.187 of 2022 dated 04.07.2022 and closure report has been filed before the jurisdictional Magistrate.

4.Learned counsel for the petitioner submits that a protest petition has been filed by the petitioner before the learned Judicial Magistrate No.II, Mannargudi.

5.In view of the above factual position, this petition has become infructuous. Accordingly, the Criminal Original Petition stands disposed of. 15.06.2023 Index : Yes/No Speaking Order/Non-Speaking Order cse 3/4

M.NIRMAL KUMAR, J.

cse To 1.The Superintendent of Police, Thiruvarur District.

2.The Inspector of Police, Paravakottai Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

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