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Madras High CourtCRL OP(MD)/2207/2020dismissed as infructuous

M.Arumugam v. The Superintendent Of Police

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

Crl.O.P.(MD) No.2207 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.2207 of 2020 and Crl.M.P(MD)No.1128 of 2020 M.Arumugam

...Petitioner

Vs.

1. The Superintendent of Police Madurai District Madurai

2. The Deputy Superintendent of Police Samayanallur Sub Division, Samayanallur Police Station, Samayanallur Madurai District

3. Anand Arockiaraj, DSP Deputy Superintendent of Police Samayanallur Sub Division, Samayanallur Police Station, Samayanallur Madurai District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to transfer of Investigation in FIR No. 319 of 2019 dated 04.11.2019 pending on the file of 2nd respondent to the file of any credible officer under the control of the 1st respondent and file the final report before the concerned Learned PCR Court Madurai and to take appropriate action against the 3rd respondent under section 4(1) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Amendment Act 2015 within the time limit stipulated by this Court.

For Petitioner : M/s.K.Gurunathan For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.2207 of 2020

ORDER

This petition has been filed seeking a direction to transfer the investigation in FIR No. 319 of 2019 dated 04.11.2019. 2.When the matter is taken up for hearing, the learned Additional Public Prosecutor stated that based on the complaint lodged by the petitioner, the respondent police completed the investigation and filed the final report before the concerned Court. 3.Therefore, transfer of investigation does not arise. 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 raise all the grounds before the trial court and to file a protest petition in a manner known to law. 4.Accordingly, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS-II) // 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 Judge,PCR Court, Madurai.

2. The Superintendent of Police Madurai District, Madurai.

3. The Deputy Superintendent of Police Samayanallur Sub Division, Samayanallur P.S, Samayanallur Madurai District

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

+1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-9389[F] dated 01/03/2022 ) Crl.O.P.(MD) No.2207 of 2020 28.02.2022 RK(15/03/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2