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Madras High CourtCRL OP(MD)/2649/2018dismissed

Amsavalli, v. The Superintendent Of Police,

2019-06-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 10.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.2649 of 2018 Amsavalli ... Petitioner -Vs1. State represented by the Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Kottampatti Police Station, Kottampatti, Madurai District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to change the investigation officer not below the rank of Deputy Superintendent of Police and order to file a final report in F.I.R. No.33 of 2018 on the file of the second respondent.

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The criminal original petition has been filed seeking for a direction to the first respondent to change the investigation officer not below the rank of Deputy Superintendent of Police and order to file a final report in F.I.R. No.33 of 2018 on the file of the second respondent.

2. The learned Government Advocate (Crl.side) on instructions would submit that after investigation, the second respondent police has closed the complaint as "Mistake of Fact" and the final report has been filed before the concerned Magistrate.

3. In the above circumstances, the prayer sought for by the petitioner cannot be granted. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (Records) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS) akv

To

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

2. The Inspector of Police, Kottampatti Police Station, Kottampatti, Madurai District.

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

+ 1 CC TO Mr.D.Anbarasu, ADVOCATE IN SR No.67945 Crl.O.P.(MD).No.2649 of 2018 10.06.2019 KS(09.07.2019) 2 P 5 C https://hcservices.ecourts.gov.in/hcservices/