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Madras High CourtCRL OP/23963/2021dismissed as infructuous

Manikandan v. The Superintendent Of Police

2022-02-16Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.23963 OF 2021 Manikandan

...Petitioner/Accused - 1

Versus

1. The Superintendent of Police, Salem, Salem District.

2. The Deputy Superintendent of Police, Sankari, Salem District.

..Respondents 1 & 2

3. The Inspector of Police, All Woman Police Station, Sankari, Salem District.

..Respondent 3/Complainant

4. Selvam (R4 suo moto impleaded as per order in Crl.OP.No.23963 of 2021 dated 17.12.2021) ..Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, seeking to transfer the investigation in Crime No.5 of 2021 pending on the file of the 3rd respondent police to CBCID or any other competent Investigating agency and file a fresh FIR.

For Petitioner :

Mrs.G.Keerthana For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 to R3

O R D E R

This petition has been filed seeking to transfer the investigation in Crime No.5 of 2021 pending on the file of the 3rd respondent police to CBCID or any other competent Investigating Agency.

https://hcservices.ecourts.gov.in/hcservices/

2.Aggrieved and dissatisfied with the investigation done by the 3rd respondent, the petitioner has filed the petition seeking to transfer the investigation. It is reported by the learned Additional Public Prosecutor that investigation in Crime No.5 of 2021 has been completed and the final report has been filed. He would further submit that the case is now taken in SPL.SC.No.7 of 2022 on 05.01.2022 on the file of the Sub-Court / Mahila Court dealing with POCSO cases, Salem and the case is posted for appearance of the accused on 28.02.2022.

3.Now that the investigation has been completed and final report has been taken up in SPL.SC.No.7 of 2022, the prayer has become infructuous. However, the petitioner is at liberty to proceed in accordance with law. Accordingly, this criminal original petition stands closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar kkn To:-

1. The Superintendent of Police, Salem, Salem District.

2. The Deputy Superintendent of Police, Sankari, Salem District.

3. The Inspector of Police, All Woman Police Station, Sankari, Salem District.

4. The Public Prosecutor High Court of Madras, Madras.

Copy To The Sub Court/Mahila Court dealing with POCSO Cases, Salem.

+1cc to M/s.G.Keerthana, Advocate, S.R.No.10484 Crl.O.P.No.23963 of 2021 SSN(CO) RLP(08/03/2022) https://hcservices.ecourts.gov.in/hcservices/