Madras High CourtCRL OP/28396/2022disposed of

R.Pachamuthu v. State Rep By

2022-11-21Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA R.Pachamuthu ... Petitioner Vs.

The State represented by 1.The Inspector of Police, Varanjaram Police Station, Kallakurichi District.

2.The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to transfer the case in Cr.No.136/2022 dated 27.09.2022 on the file of the Inspector of Police, Varanjaram Police Station, Kallakurichi District to any other competent authority.

For Petitioner : Mr.C.Ayyanar For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to transfer the case in Cr.No.136/2022 dated 27.09.2022 on the file of the Inspector of Police, Varanjaram Police Station, Kallakurichi District to any other competent authority.

2. The learned counsel for the petitioner submitted that on the complaint given by the petitioner, a case has been registered in Cr.No.136/2022 for the offences under Section 394(b), 323, 324, 506(2) IPC and Section 3 & 4 of Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003 and so far no action has been taken.

3. The learned Government Advocate (Crl.side) appearing for the respondent police submitted that investigation in this case has already been over and the case has been closed as 'Mistake of facts' and notice for referring the charge sheet has also been served on the petitioner.

4. A copy of the referred charge sheet notice is produced this Court for perusal wherein it is seen that the signature of R.Pichamuthu, the petitioner herein, is affixed. Since the investigation has been completed and 2/4

charge sheet has also been referred, the petitioner is at liberty to file his protest petition or private complaint if is so aggrieved and so advised and if the matter is still saved by limitation.

5. With the above observation, this Criminal Original Petition is closed.

21.11.2022 Index : Yes/No Speaking Order : Yes / No bkn To:

1.The Inspector of Police, Varanjaram Police Station, Kallakurichi District.

2.The Superintendent of Police, Office of the Superintendent of Police, Kallakurichi District.

3.The Public Prosecutor, High Court, Madras.

R.N.MANJULA, J., 3/4

bkn 21.11.2022 4/4