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Madras High CourtCRL OP/18466/2017disposed of

Babu, Aged About 48 Yrs, v. Deputy Superintendent Of

2020-06-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.18466 OF 2017 Babu

...Petitioner

-Vs1.

The Deputy Superintendent of Police, Cheyyar Sub Division, Cheyyar, Thiruvannamalai.

2.

The Superintendent of Police, Thiruvannamalai.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, praying to transfer the investigation in FIR No.230 of 2014, on the file of the 1st respondent to any other competent investigating agency. For Petitioner : Mr.V.Raghavachari For Respondents : Mr.C.Raghavan Government Advocate

ORDER

This petition has been filed seeking to transfer the investigation in FIR No.230 of 2014, on the file of the 1st respondent to any other competent investigating agency.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned Additional Public Prosecutor has submitted that in the above case, investigation has been completed and it was recorded as mistake of fact in RCS.No.4 of 2015. After serving refer the charge sheet in RCS No.4 of 2015, final report has been filed before the learned Judicial Magistrate, Cheyyar.

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4. The learned counsel for the petitioner submitted that the petitioner/defacto complainant also filed a protest petition before the concerned Court in CMP.No.1305 of 2015 and which is pending for enquiry.

5. In view of the above facts and circumstances of the case, the learned Magistrate, Cheyyar is directed to conduct the enquiry in CMP.No.1305 of 2015 and pass appropriate orders on merits.

6. With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ub To 1.

The Judicial Magistrate, Cheyyar.

2.

The Deputy Superintendent of Police, Cheyyar Sub Division, Cheyyar, Thiruvannamalai.

3.

The Superintendent of Police, Thiruvannamalai.

4.

The Public Prosecutor High Court of Madras.

Crl.O.P.No.18466 of 2017 VD(CO) CS/08/07/2020 https://hcservices.ecourts.gov.in/hcservices/