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Madras High CourtCRL OP(MD)/8295/2019dismissed

S.Ajantha, v. The Superintendent Of Police

2019-06-17Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 17.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.8295 of 2019 S.Ajantha ... Petitioner -Vs1.The Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, Bodinayakkanur, Theni District.

3.The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

(Crime No.38 of 2019).

4.The Inspector General of Police, C.B.C.I.D., Admiralty House, Chennai.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to withdraw the case in Crime No.38 of 2019 on the file of the third respondent and entrust the same to the fourth respondent herein for investigation of the case by a competent officer and file a final report before the Court concerned within the time stipulated by this Court. For Petitioner :

Mr.A.K.Manickam For Respondents :

Mr.K.K.Ramakrishnan Additional Public Prosecutor

O R D E R

This criminal original petition has been filed seeking to transfer the case in Crime No.38 of 2019 from the third respondent to the fourth respondent for investigation and file a final report before the Court concerned.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor on instructions would submit that based on the complaint given by the petitioner, already a case was registered in Crime No.38 of 2019 for the offences under Sections 147, 341, 294(b), 323 and 379 of I.P.C. and after investigation, the respondent police have filed a negative final report before the concerned Judicial Magistrate Court, and they will serve Referred Charge Sheet Notice on the petitioner.

3. In the above circumstances, the relief sought for by the petitioner cannot be granted. Hence, this criminal original petition is dismissed. However, if at all the petitioner has any grievance against the negative final report, it is always open to her to file a protest petition before the concerned Magistrate Court.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) akv To 1.The Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, Bodinayakkanur, Theni District.

3.The Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

4.The Inspector General of Police, C.B.C.I.D., Admiralty House, Chennai.

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

+1CC TO M/S.A.K.MANICKAM,ADVOCATE, SR.NO.69027 Crl.O.P.(MD).No.8295 of 2019 17.06.2019 BUC(05.07.2019) 3P 7C