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Madras High CourtCRL OP/18146/2017dismissed

M. Moorthy, v. The Superintendent Of Police,

2020-07-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.18146 of 2017 M.Moorthy

...Petitioner

-Vs1.The Superintendent of Police, District Crime Branch, Erode.

2.The State rep.by Inspector of Police, Anti-Land Grabbing Special Cell, Erode.

.. Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to pass an order directing the 1st respondent to change the investigation to some other authority in FIR.No.7/2016 on the file of the District Crime Branch, Erode.

For Petitioner : Mr.B.Nedunchezhiyan For Respondents : Mr.K.Prabakar Additional Public Prosecutor

ORDER

This petition has been filed for change of investigation in Crime No.7 of 2016 from the Superintendent of Police, District Crime Branch, Erode to any other investigation agency.

2. The learned Additional Public Prosecutor submitted that the first respondent completed the investigation in Crime No.7 of 2016 as early as on 28.02.2019 and dropped the action on 28.02.2019.

3. Considering the above submission, the change of investigation cannot be ordered. Hence, no investigation is pending on the file of the Superintendent of Police, District Crime Branch, Erode. However, the respondent is directed to issue a referred charge sheet to the petitioner/defacto complainant within a period of two weeks in Crime No.7 of 2016 https://hcservices.ecourts.gov.in/hcservices/

and also file a final report before the concerned Magistrate. On receipt of the same, the petitioner/defacto complainant is at liberty to approach the concerned Court by way of petition in the manner known to law.

4. Accordingly, the Criminal Original Petition is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb To 1.The Superintendent of Police, District Crime Branch, Erode.

2.The Inspector of Police, Anti-Land Grabbing Special Cell, Erode.

3. The Public Prosecutor High Court, Madras-104.

Crl.O.P.No.18146 of 2017 VSNII(CO) RMP(01/10/2020) https://hcservices.ecourts.gov.in/hcservices/