Madras High CourtCRL MP(MD)/2005/2023disposed of

S.Gollappa Pillai v. The Superintendent Of Police

2023-02-15Honourable Mr Justice K.Murali Shankar2 pages

CRL MP(MD) No.2005 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD) No.2005 of 2023 IN CRL OP(MD) No.5037 of 2020 S.GOLLAPPA PILLAI ... PETITIONER / PETITIONER Vs THE STATE REP.BY 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT 2 THE INSPECTOR OF POLICE SUCHINDARAM POLICE STATION, KANYAKUMARI DISTRICT (CRIME NO.435 OF 2019) 3 THE INSPECTOR OF POLICE CBCID WING, KANYAKUMARI DISTRICT ... RESPONDENTS / RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct and complete the further investigation in crime no.435 of 2019 on the file of the 2nd respondent police within the time fixed by this Honble court in Crl.OP(MD)No.5037 of 2020 dated 23.03.2020 Prayer in CRL OP(MD). 5037/ 2020 :

To Transfer the Investigation in Crime No. 435 fo 2019 from the file of the 2nd Respondent to the file of the 3rd Respondent and consequently direct the 3rd Respondent to conduct proper investigation in an expeditious manner.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.DHANALAKSHMI.G, Advocate for the petitioner and of MR.E.ANTONY SAHAYA PRABAHAR, Additional public prosecutor on behalf of the Respondents, the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.2005 of 2023 The learned Additional Public Prosecutor would submit that the second respondent, after completing the investigation, has already filed a final report before the jurisdictional Court, by deleting the other accused except the first accused and that the concerned Judicial Magistrate without taking the case on file, but only taking note of the exclusion of the other accused, has issued notice to the defacto complainant and the same is pending in C.M.P.No.1467 of 2022.

2. Recording the said submission, this criminal miscellaneous petition is disposed of.

sd/- 15/02/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT OF POLICE KANYAKUMARI DISTRICT 2 THE INSPECTOR OF POLICE SUCHINDARAM POLICE STATION, KANYAKUMARI DISTRICT 3 THE INSPECTOR OF POLICE CBCID WING, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL MP(MD) No.2005 of 2023 IN CRL OP(MD) No.5037 of 2020 Date :15/02/2023 MK/AR/SAR 4(28.02.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2