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Madras High CourtCRL OP/23172/2017disposed of

S.Ragupathy, M/49 v. The Inspector Of Police

2019-06-26Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.23172 of 2017 and Crl.M.P.No.13488 of 2017 S.Ragupathi ...Petitioner/Accused Vs.

The Inspector of Police, Anakkavoor Police Station, Anakkavoor, Cheyyar Taluk, Thiruvannamalai District.

(Crime No.23 of 2013) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C to withdraw and transfer the case in C.C.No.252 of 2015 from the file of the Judicial Magistrate, Cheyyar, Thiruvannamalai District to the file of the Judicial Maagistrate, Tindivanam, Villupuram District or any other Court in Villupuram District.

For Petitioner : Mr.C.Prakasam For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for transfer of the case pending in C.C.No.252 of 2015, on the file of the learned Judicial Magistrate, Cheyyar to learned Magistrate Tindivanam.

2. The present petition itself was filed based on the allegations made against the Presiding Officer. Now the Presiding Officer has changed and therefore, no cause of auction survives to maintain the present petition.

3. It is seen that the final report has been filed for offences under Section 294(b), 341, 188 and 506(i) of IPC. A final report filed for an offence under Section 188 of Cr.P.C. is not maintainable and the same is quashed.

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4. This Criminal Original Petition is disposed of with a direction to the learned Judicial Magistrate, Cheyyar, to proceed further with the case for the offences under Sections 294(b), 341 and 506(i) of IPC and complete the proceedings in C.C.No.252 of 2015, within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msrm/rka To

1. The learned Judicial Magistrate, Cheyyar, Thiruvannamalai District.

2. The Inspector of Police, Anakkavoor Police Station, Anakkavoor, Cheyyar Taluk, Thiruvannamalai District.

(Crime No.23 of 2013) 3.The Public Prosecutor, Madras High Court, Madras.

+1cc to M/s.C.Prakasam, Advocate Sr.53314 Crl.OP.No.23172 of 2017 and Crl.MP.No.13488 of 2017 rsi[co] srg 24/07/2019 https://hcservices.ecourts.gov.in/hcservices/