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Madras High CourtCRL OP(MD)/1099/2023disposed of

Rosemalar v. The Superintendent Of Police

2023-01-23Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

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

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

2.The Deputy Superintendent of Police, Vilathikulam, Thoothukudi District.

3.The Inspector of Police, Kulathoor Police Station, Vilathikulam Taluk, Thoothukudi District.

4.Muthumari : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent herein to depute a competent officer to take up the investigation of CSR.No.571 of 2022, dated 21.11.2022 from the file of the fourth respondent and investigate the same under the supervision of the first respondent and procedure as per law.

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For Petitioner : Mr.M.M.Manivelpandian, For R1 to R3 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the first respondent herein to depute a competent officer to take up the investigation of CSR.No.571 of 2022, dated 21.11.2022 from the file of the fourth respondent and investigate the same under the supervision of the first respondent and procedure as per law.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the State would submit that since the petitioner has not turned up for enquiry, the complaint was ordered to be closed.

3. As rightly contended by the leaned counsel for the petitioner, the way in which, the complaint was closed cannot be appreciated and is 2/4

also not in accordance with law. Hence, the second respondent is directed to conduct a fresh enquiry and pass orders within a period of one month from the date of receipt of copy of this order.

4. With the above directions, the Criminal Original Petition is disposed of.

23.01.2023 NCC : Yes/No Index : Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Vilathikulam, Thoothukudi District.

3.The Inspector of Police, Kulathoor Police Station, Vilathikulam Taluk, Thoothukudi District.

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

K.MURALI SHANKAR,J.

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das Order made in Dated: 23.01.2023 4/4