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Madras High CourtCRL OP(MD)/250/2023disposed of

Sundarraj v. The Superintendent Of Police

2023-01-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sundarraj ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police Karungal Police Station, Kanyakumari District.

3.Breeza ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer investigation of the case in Crime No.275 of 2022 pending on the file of the second respondent police station to any other independent agency or officer under the direct supervision of the Superintendent of Police within a reasonable time period to be fixed by this Court.

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For Petitioner : Mr.V.Sukumar For R1 & R2 : Mr.M.Muthumanikkam Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to transfer the investigation of the case in Crime No.275 of 2022 pending on the file of the second respondent to any other independent agency or officer under the direct supervision of the Superintendent of Police within a reasonable time period to be fixed by this Court.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent, FIR came to be registered in Crime No.275 of 2022 for the offence under Section 174 Cr.P.C. and after investigation, final report has been filed as 'action dropped' and RCS notice was served on the defacto complainant/third respondent herein. He would further submit 2/4

that the petitioner has preferred a complaint against the third respondent alleging some property disputes and after enquiry, recording the submissions made by the parties, the same was ordered to be closed and he has also produced the copy of the final report and the closure report before this Court.

3. Recording the submission made by the learned Government Advocate (Criminal Side), this Criminal Original Petition stands disposed of. However, the petitioner is at liberty to file a protest petition before the jurisdictional Court.

06.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police Karungal Police Station, Kanyakumari District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

csm Order made in Dated: 06.01.2023 4/4