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Madras High CourtCRL OP(MD)/2101/2020dismissed as infructuous

Veeralakshmi v. The Principal Secretary

2022-02-28Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)No.1057 of 2020 Veeralakshmi

...Petitioner

Vs.

1. The State of Tamil Nadu Represented by the Principal Secretary Department of Home Secretariat, Fort St George

2. The Director General of Police Government of Tamil Nadu O/o. Director General of Police

3. The Deputy Superintendent of Police CBCID O/o. Superintendent of Police CBCID Madurai District Madurai

4. The Superintendent of Police O/o. Superintendent of Police Madurai District Madurai

5. The Inspector of Police T.Kallupatti Police Station Madurai District

6. Ramakrishnan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to directing the respondent No.4 to withdraw the case in Crime No. 10 of 2020, dated 09.01.2020 registered U/s.7, 8, 9(1) of Protection of Child from Sexual Offences Act, 2012 on the file of respondent No. 5 and entrust the same to respondent No. 3 for an investigation of the case by a competent officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Honourable Court.

1/3

For Petitioner : M/s.T.Lajapathi Roy For R1 to R5 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the fourth respondent to withdraw the case in Crime No. 10 of 2020, dated 09.01.2020 registered under Sections 7, 8, 9(1) of Protection of Child from Sexual Offences Act, 2012, on the file of the fifth respondent and entrust the same to the third respondent for investigation of the case by a competent officer and file a final report before the Jurisdictional Magistrate.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor stated that based on the complaint lodged by the petitioner, dated 01.02.2022, the respondent police completed the investigation, filed the final report and the same has been taken cognizance in S.C. No.44 of 2020 and trial has been commenced.

3.In view of the above, this criminal original petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AD-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 Principal Secretary Department of Home Secretariat, Fort St George 2/3

2. The Director General of Police Government of Tamil Nadu O/o. Director General of Police

3. The Deputy Superintendent of Police CBCID O/o. Superintendent of Police CBCID Madurai District Madurai

4. The Superintendent of Police O/o. Superintendent of Police Madurai District Madurai

5. The Inspector of Police T.Kallupatti Police Station Madurai District

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

+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-9270[F] dated 01/03/2022 ) 28.02.2022 RK(11/03/2022) 3P 8C 3/3