S.Edhayachandran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.21868 of 2015 and M.P(MD) No.1 of 2015 S.Edhayachandran ... Petitioner Vs.

1. The Superintendent of Police, Tuticorin District, Tuticorin.

2. The Inspector of Police, Vilathikulam Police Station, Vilathikulam, Tuticorin District.

3. Udyakumar, Deputy Superintendent of Police, Vilathikulam.

4. The Deputy Superintendent of Police, CBCID,Tuticorin.

... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent to withdraw the case in crime No.164 of 2015 from the second respondent and to make over to any police officer in Tuticorin District not under the control of the third respondent Udayakumar or to the fourth respondent to carry out the unbiased investigation according to law.

For Petitioner : Mr. Usillai O Sivakumar For Respondents : Mr.A.P.G.Ohm Chairma Prabhu No.1,2,4 Government Advocate (Crl.Side)

O R D E R

This petition is filed to direct the first respondent to withdraw the case in Crime No.164 of 2015 from the second respondent and to make over to any police officer in Tuticorin District not under the control of the third respondent Udayakumar or to the fourth respondent to carry out the unbiased investigation.

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2.The learned Government Advocate (Crl.Side) would submit that already the investigation in Crime No.164 of 2015 on the file of the Inspector of Police, Viralimalai Police Station, Pudukottai Districtsecond respondent police has been completed and charge sheet has been filed and the same has been taken cognizance in C.C.No.33 of 2015 and hence, the prayer sought by the petitioner has become infructuous.

3.Recording the said submission made by the learned Additional Public Prosecutor, this petition is dismissed as infructuous. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) /True Copy/ Sub Assistant Registrar (CS-IV) To

1. The Superintendent of Police, Tuticorin District, Tuticorin.

2. The Inspector of Police, Vilathikulam Police Station, Vilathikulam, Tuticorin District.

3. The Deputy Superintendent of Police, Vilathikulam.

4. The Deputy Superintendent of Police, CBCID, Tuticorin.

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

AAV TE/SV/SAR-4 : 03/12/2018 : 2P/6C Crl.O.P.(MD).No.21868 of 2015 and M.P(MD) No.1 of 2015 30.10.2018 https://hcservices.ecourts.gov.in/hcservices/