Madras High CourtCRL OP/31760/2019closed

O.N.K.Sabapathy v. State Rep. By

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. 31760 of 2019 and Crl. M.P. No. 17397 of 2019 O.N.K.Sabapathy, S/o. O.N.Kandappa Goundar, 4/103-2, C.N.Hospital, Sankari Main Road, Kakapalayam, Salem District.

.. Petitioner/Defacto Complainant vs.

The Inspector of Police, Magudanchavadi Police Station, Salem District.

(Crime No. 142 of 2016) .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying to transfer investigation in Crime No. 142 of 2016 on the file of the Inspector of Police, Magudanchavadi Police Station, Salem District to DCB, Salem or to some other Police Officer.

For Petitioner : Mr. B.Vasudevan For Respondents : Mr. S.Karthikeyan Additional Public Prosecutor

ORDER

This petition has been filed for transfer of investigation in Crime No. 142 of 2016 from the file of the Inspector of Police, Magudanchavadi Police Station, Salem District to DCB, Salem or to some other Police Officer.

2. Learned Additional Public Prosecutor would submit that investigation has been completed in Crime No. 142 of 2016 and the same was closed as "Mistake of Fact" in the year 2016 itself and Referred Charge Sheet notice has been served to the petitioner on 03.07.2019.

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3. Learned counsel for the petitioner would submit that he filed a copy application before the concerned Court for copy of closure report. But it was returned as "No closure report received" from the respondent in Crime No. 142 of 2016.

4. Considering the submissions made, the respondent is directed to file a closure final report in Crime No. 142 of 2016, within a period of two weeks from the date of receipt of a copy of this order before the concerned jurisdictional Court. However, the petitioner is at liberty to file a fresh petition before the concerned Court in the manner known to law.

5. With the above direction, this Criminal Original Petition is closed. Accordingly, connected miscellaneous petition is also closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar bkn To 1.The Inspector of Police, Magudanchavadi Police Station, Salem District.

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

Crl. O.P. No. 31760 of 2019 CA(CO) SP(01/10/2020) https://hcservices.ecourts.gov.in/hcservices/