Madras High CourtCRL OP(MD)/3153/2021disposed of

R.Annadurai v. The Superintendent Of Police

2021-09-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.3153 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3153 of 2021 1.R.Annadurai 2.G.Parameshwari ... Petitioners Vs.

1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.Inspector of Police Melur Police Station Melur, Madurai District.

4.Jeyam Pandian 5.Udayakumar ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 1 and 2 to transfer the investigation to the 3rd respondent or any other police official which is pending before the 4th respondent based on the representation given by the 1st petitioner dated 10.02.2021. For Petitioners : Mr.S.Arunnithy For R1 to R3 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This petition is filed seeking transfer of investigation, on the basis of the representation given by the 1st petitioner herein dated 10.02.2021.

2.When the matter was taken up for hearing on 04.08.2021, the learned Additional Public Prosecutor has submitted that based upon the complaint given by this 1st petitioner, enquiry was undertaken in CSR.No.67 of 2021 and during the course of enquiry, this petitioners themselves gave an undertaking that they will resolve their dispute through civil process. With regard to the dispute of damaging the motors, it was also found that it is true. Based upon that finding, it was closed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3153 of 2021 3.The learned counsel appearing for the petitioners would submit that subsequent to the aforesaid closure, continuous occurrence took place, over which, they have made a complaint on 16.08.2021, which was also received by the official respondents. Since there is no action, this petition came to be filed. 4.Reading of the subsequent complaint also shows that the subject matter is one and the same. Since already the complaint has been closed by the official respondents, the petitioners have to workout their remedy before the appropriate forum through appropriate proceedings.

5.With the aforesaid liberty, this petition stands disposed of. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Madurai District.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.Inspector of Police Melur Police Station Melur, Madurai District.

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

Crl.O.P.(MD)No.3153 of 2021 28.09.2021 RK(12.10.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2