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Madras High CourtCRL OP/5388/2017dismissed as infructuous

A.Kamala, F/A 66 Years, v. The Inspector Of Police,

2021-07-14Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2021

CORAM:

THE HONOURABLE MRS.JUSTICE V. BHAVANI SUBBAROYAN Crl.O.P.No. 5388 of 2017 A. Kamala

...Petitioner

-Vs1. The Inspector of Police, Pallikaranai Police Station, Chennai - 600 100.

2. The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai-600 007.

...Respondents

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to transfer the investigation concerned in complaint dated 16.12.2016 on the file of 1st respondent police to some other Investigation Officer. For Petitioner : Mr.M.Babu Muthu Meeran For Respondents : Mr.S.Vinothkumar Counsel for Government of Tamil Nadu (Criminal Side)

O R D E R

This petition has been filed to transfer the investigation concerned by complaint dated 16.12.2016 pending from the file of the 1st respondent police to some other investigating agency for proper investigation and for necessary action.

2. The learned counsel for the petitioner would submit that on 16.12.2016, one Mr.Gopal encroahced upon the public pathway belongs to the Government and subsequently, he dumpd the building materials on the same place. When she questioned the same, one Mr.Gopal and his wife assaulted her and she sustained injuries due to the incident. Immediately, she gave a police complaint before the Inspector of Police, Pallikaranai Police Station against them. Following the same, the respondent police have registered a case against them for the offences under Sections 341, 294(b), 324 and 506(ii) IPC. But no action https://hcservices.ecourts.gov.in/hcservices/

has been taken against the said complaint till today. Hence, this petition.

3. The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents submitted that investigation has been completed and the disputes between the petitioner and the accused persons had already been resolved, hence, the prayer of the petition has become infructuous.

4. Recording the above submission made by the learned Counsel for Government of Tamil Nadu, the prayer sought for in the Criminal Original Petition has become infructuous. Therefore, the Criminal Original Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar Msm To The Inspector of Police, Pallikaranai Police Station, Chennai - 600 100.

2. The Commissioner of Police, Office of the Commissioner of Police, Vepery, Chennai-600 007.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 5388 of 2017 JPL(CO) GN(09/08/2021) https://hcservices.ecourts.gov.in/hcservices/