← Library
Madras High CourtCRL OP(MD)/1853/2020dismissed as infructuous

S.Thanislas v. The Commissioner Of Police

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.1853 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.1853 of 2020 and Crl.M.P(MD)No.885 of 2020 S. Thanislas

...Petitioner

Vs.

1. The Commissioner of Police Madurai City Police Madurai

2. The Superintendent of Police C.B.C.I.D, Guindy Chennai-4

3. The Inspector of Police(Crime) K.Pudur Police Station Madurai City Madurai District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the 1st respondent to transfer the investigation in proceeding in Crime No. 26 of 2020 on the file of K.Pudur Police Station from the 3rd respondent to 2nd respondent or any other independent agency for fair investigation by considering the representation of the petitioner dated 25.01.2020. For Petitioner : M/s.S.C.Herold Singh For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first respondent to transfer the investigation in Crime No. 26 of 2020, from the file of the third respondent to the file of the second respondent or any other independent agency for fair investigation by considering the representation of the petitioner, dated 25.01.2020.

2.When the matter is taken up for hearing the learned Additional Public Prosecutor would submit that based on the complaint lodged by the petitioner, the respondent police conducted enquiry and closed the complaint as 'Action dropped' on 23.08.2021 and RCS notice has been duly served on the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.1853 of 2020 3.In view of the above, the prayer sought for in this Criminal Original Petition has become infructuous and the same is dismissed as infructuous. However, the petitioner is at liberty to file a protest petition in a manner known to law.

4.Accordingly, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Commissioner of Police Madurai City Police Madurai

2. The Superintendent of Police C.B.C.I.D, Guindy Chennai-4

3. The Inspector of Police(Crime) K.Pudur Police Station Madurai City Madurai District

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-9139[F] dated 01/03/2022 ) Crl.O.P.(MD) No.1853 of 2020 28.02.2022 RK(11/03/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2