Madras High CourtCRL OP/30091/2022withdrawn dismissed

Rebekha v. The State Rep By

2022-12-06Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.30091 of 2022 Rebekha ... Petitioner Vs.

1.State rep. by The Commissioner of Police, Avadi, Chennai.

2.State rep. by, The Inspector of Police, W-29, Avadi, All Women Police Station, Avadi, Chennai 60054.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the proceedings in Spl.S.C.No.55 of 2022, pending on the file of the second respondent direct the first respondent to change the investigation officer i.e., CBCID and any other officer, instead of Mrs.Latha (the present Inspector of the second respondent police Station) and file fresh and proper charge sheet (Final Report) with deposition of necessary witnesses by considering the representation of the petitioner dated 06.10.2021.

1/4

For Petitioner : Mr.V.Neethidurai For Respondents : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the first respondent to change the investigating officer instead of the second respondent and to file the final report by considering the representation of the petitioner dated 06.10.2021.

2. When the matter is taken up for hearing, learned Government Advocate (crl.side) for the respondents submitted that in this case, investigation is over and final report has been filed before the concerned Judicial Magistrate. Therefore, the question of changing the investigating officer will not arise.

3. The learned counsel for the petitioner seeks permission of this Court to withdraw this petition and he also made an endorsement to that effect. 2/4

4. In view of the above, this Criminal Original Petition stands dismissed as withdrawn. It is open to the petitioner to work out her remedy in the manner known to law.

06.12.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order shk 3/4

G.CHANDRASEKHARAN, J.

shk To:

1.The Commissioner of Police, Avadi, Chennai.

2.The Inspector of Police, W-29, Avadi, All Women Police Station, Avadi, Chennai 60054.

Crl.O.P. No.30091 of 2022 3.The Public Prosecutor, High Court of Madras.

06.12.2022 4/4