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Madras High CourtCRL OP/27919/2019dismissed

Srinivas v. State Rep.By

2020-07-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.27919 of 2019 Srinivas (M/56 Years) S/o.Ketthappa, No.29, 1st Street B Main Road, Sutham Nagar, Santhi Nagar Post, Bangalore - 27.

... Petitioner Vs.

State Represented by Inspector of Police Denkanikottai Police Station, Krishnagiri District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.71 of 2019 on the file of the Inspector of Police, Denkanikottai Police Station, Krishnagiri District, to some other competent agency. For Petitioner : Mr.G.Vinodh Kumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to transfer the investigation in Crime No.71 of 2019 on the file of the Inspector of Police, Denkanikottai Police Station, Krishnagiri District, to some other competent agency.

2. The learned Additional Public Prosecutor would submit that the case was registered in Crime No.71 of 2019 for the offence under Section 174 Cr.P.C. After completing the investigation, it was referred as mistake of fact as early as on 26.06.2019 and also filed final report before the Revenue Authorities.

3. Considering the above submission of the learned Additional Public Prosecutor, the transfer of investigation does not arise, since there is no investigation is pending on the file of the respondent police. However, the respondent police is directed to file a final report before the jurisdictional https://hcservices.ecourts.gov.in/hcservices/

Magistrate Court, after serving referred charge sheet notice to the petitioner within a period of two weeks from the date of receipt of a copy of this order.

4. In view of the above, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to file a protest petition before the Court concerned, if so advised. s/d- Assistant Registrar True Copy Sub-Assistant Registrar kv To

1. The Inspector of Police Denkanikottai Police Station, Krishnagiri District.

2. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.27919 of 2019 NSA(CO) SP(29/09/2020) https://hcservices.ecourts.gov.in/hcservices/