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Madras High CourtCRL OP(MD)/2543/2020dismissed

Arulamani v. The Superintendent Of Police

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

Crl.O.P.(MD) No.2543 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.2543 of 2020 Arulmani

...Petitioner/Wictim

Vs.

1. The Superintendent of Police Tirunelveli District

2. The Inspector of Police Pattamadai Police Station Tirunelveli District.

3. The Inspector of Police C.B.C.I.D Tirunelveli District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the first respondent herein to transfer the investigation of the case in Crime No. 110/2019 from the 2nd respondent police to the 3rd respondent.

For Petitioner : M/s.V.Malaiyendran For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the first respondent herein to transfer the investigation of the case in Crime No. 110/2019 from the second respondent police to the third respondent.

2.When the matter is taken up for hearing the learned Additional Public Prosecutor would submit that based on the complaint given by the defacto complainant the respondent police conducted enquiry and closed the complaint as 'Action dropped' on 04.10.2019 and RCS notice has been duly served on the defacto complainant on 01.05.2020.

3.The learned counsel for the petitioner would submit that no RCS notice has been served on him.

4.Recording the aforesaid submission, this Criminal Original Petition is dismissed. Further the respondent police is directed to serve RCS notice to the defacto complainant forthwith and on receipt https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.2543 of 2020 of the same, the petitioner is at liberty to approach the concerned court by way of protest petition in the manner known to law. Sd/- Deputy Registrar (LA & MC) // 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 Superintendent of Police Tirunelveli District

2. The Inspector of Police Pattamadai Police Station Tirunelveli District.

3. The Inspector of Police C.B.C.I.D Tirunelveli District

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

Crl.O.P.(MD) No.2543 of 2020 28.02.2022 MGJ(16.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2