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Madras High CourtCRL OP(MD)/3628/2022disposed of

V.A.S.Mohammed Ali v. The Principal Secretary

2022-03-21Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN & CRL MP(MD). No.2668 of 2022 V.A.S.Mohammed Ali ... Petitioner/Father of the Deceased Vs

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

2. The Director General of Police, O/o. Director General of Police, Crime Branch CID No.3, SIDCO Electronic Complex, 1st Floor, Guindy, Chennai.

3. The Additional Director General of Police ADGP, Government of Tamil Nadu, Old commissioner Office, 4th Floor, Egmore, Chennai.

4. The Superintendent of Police CBCID, CBCID Range Office, No.07, Kamaraj Nagar, Second St, Chinna Chokkikulam, Madurai.

5. The Superintendent of Police, O/o. Railway Superintendent of Police Office, QMPH+66G, Anbu Nagar, Crawford Colony, Edamalaipatti Pudur, Trichy District.

6. The Inspector of Police, Madurai Government Railway Police Station, Madurai Railway Station Area, Madurai.

(Crime No.62 of 2021) ... Respondents/Respondents 1/3

PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to issue a direction to direct the Respondent No.5 to withdraw the case in Crime No.62/2021 dated 08/08/2021 registered U/s.174/Cr.P.C on the file of Respondent No.6 and entrust the same to respondent No.4 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 Court.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.R.M.Anbunithi R1 to R6 Additional Public Prosecutor (Criminal Side)

ORDER

The Criminal Original Petition has been filed to direct the Respondent No.5 to withdraw the case in Crime No.62/2021 dated 08/08/2021 registered U/s.174/Cr.P.C on the file of Respondent No.6 and entrust the same to respondent No.4 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 Court. 2.While pending this petition, the sixth respondent completed investigation in Crime No.62 of 2021, registered for the offence under Section 174 Cr.P.C and file final report before the learned Judicial Magistrate No.VI, Madurai on 11.03.2022. Therefore, no investigation is now pending, on the file of the sixth respondent. However, the petitioner is at liberty to file a protest petition, in the manner known to law, if so advised.

It is made clear that the petitioner is at liberty to raise all grounds which are raised before this Court, before the learned Judicial Magistrate also. 3.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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. 2/3

TO

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

2. The Director General of Police, O/o. Director General of Police, Crime Branch CID No.3, SIDCO Electronic Complex, 1st Floor, Guindy,Chennai.

3. The Additional Director General of Police ADGP, Government of Tamil Nadu, Old commissioner Office, 4th Floor, Egmore,Chennai.

4. The Superintendent of Police CBCID, CBCID Range Office, No.07, Kamaraj Nagar, Second St, Chinna Chokkikulam,Madurai.

5. The Superintendent of Police, O/o. Railway Superintendent of Police Office, QMPH+66G, Anbu Nagar, Crawford Colony, Edamalaipatti Pudur,Trichy District.

6. The Inspector of Police, Madurai Government Railway Police Station, Madurai Railway Station Area, Madurai.

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

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-13421[F] dated 22/03/2022 ) & CRL MP(MD). No.2668 of 2022 Date : 21/03/2022 MGJ(05.04.2022) 3P 9C 3/3