Madras High CourtCRL OP/18801/2017dismissed as infructuous

Kanagasabai, (M/A-52) v. The Superintendent Of Police

2020-06-03Honourable Mr Justice G.K. Ilanthiraiyan3 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.18801 of 2017 Kanagasabai ... Petitioner Vs

1. The Superintendent of Police, Cuddalore, Cuddalore District.

2. The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

3. The Additional Director General of Police, C.B.C.I.D, Thiru.Vi.Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to Transfer the investigation on the file of the second respondent in Crime No.35 of 2017 to the third respondent for further investigations and proceed with the same as per law within a time frame fixed by this Honourable Court. For Petitioner : M/s. P.Kumaresan For Respondents : Mr.C.Raghavan Government Advocate

ORDER

This petition has been filed to Transfer the investigation on the file of the second respondent in Crime No.35 of 2017 to the third respondent for further investigations and proceed with the same as per law within a time frame fixed by this Hon'ble Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

3. The learned Government Advocate would submit that in

Crime No.35 of 2017 investigation has been completed and further action was dropped on 06.04.2017. This case was registered under Section 174 of Cr.P.C and as such final report has been filed before the concerned Judicial Magistrate.

4. Considering the above said facts and circumstances, the transfer of investigation does not arise and this Criminal Original Petition stands dismissed. However the second respondent is directed to file a final report before the concerned Judicial Magistrate, Kattumannarkoil after serving referred charge sheet to the petitioner/defacto complainant within a period of four weeks from the date of receipt of copy of the same. On receipt of the said referred charge sheet, the Petitioner/Defacto complainant is at liberty to approach the concerned Court in the manner known to law.

5. Recording the above said submission made by the learned Government Advocate, this petition is dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ebsi To

1. The Judicial Magistrate, Kattumannarkoil.

2. The Superintendent of Police, Cuddalore, Cuddalore District.

3. The Inspector of Police, Kattumannarkoil Police Station, Cuddalore District.

4. The Additional Director General of Police, C.B.C.I.D, Thiru.Vi.Ka Industrial Estate, SIDCO Industrial Estate, Guindy, Chennai.

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

CRL.O.P.No.18801 of 2017 CA(CO) GS(26/08/2020)