Madras High CourtCRL OP/28552/2022disposed of

Selvam v. The Superintendent Of Police

2023-07-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.28552 of 2022 1.Selvam 2.Arjunan Petitioners vs.

1.The Superintendent of Police, Superintendent office of Kallakurichi, Kallakurichi District - 606 202.

2.The Deputy Superintendent of Police, Deputy Superintendent Office of Kallakurichi, Kallakurichi District - 606 202.

3.The Sub Inspector of Police, Kallakurichi Police Station, Kallakurichi - 606 202 Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st Respondent to transfer the investigation pending on the file of the 2nd respondent in Crime no.351/2022 to any other Deputy Superintendent of Police coming under the jurisdiction of the 1st respondent.

For Petitioners : Mr.S.Venkatesh For Respondents : Mr.A.Gopinath Government Advocate (Criminal Side)

ORDER

This petition has been filed seeking for transfer of investigation of Crime No.351 of 2022 which is pending investigation before the 3rd respondent. 2.When the matter was taken up for hearing, the learned Government Advocate on instructions submitted that the investigation has been completed and the case has been closed as 'Mistake of Fact' on 13.03.2023. The learned Government Advocate further submitted that the RCS notice in RCS No.15 of 2023 will be served on the defacto complainant at the earliest. 3.In view of the above development, there shall be a direction to the 3rd respondent to serve the RCS notice on the petitioners on or before 18.07.2023. On receipt of the same, it is left open to the petitioners to file a protest petition before the concerned jurisdictional Court and workout their remedy. 4.This Criminal original petition is disposed of in the above terms. 04.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To

1.The Superintendent of Police, Superintendent office of Kallakurichi, Kallakurichi District - 606 202.

2.The Deputy Superintendent of Police, Deputy Superintendent Office of Kallakurichi, Kallakurichi District - 606 202.

3.The Sub Inspector of Police, Kallakurichi Police Station, Kallakurichi - 606 202

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

N. ANAND VENKATESH, . J.

ssr Crl.O.P No.28552 of 2022 04.07.2023