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Madras High CourtCRL OP(MD)/4449/2022dismissed

Seenivasan v. The Superintendent Of Police

2022-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4449 of 2022 Seenivasan

...Petitioner

Vs.

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

2. The Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

3. The Deputy Superintendent of Police, CBCID, Ramanathapuram District.

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation in Crime No.496 of 2021 pending on the file of 2nd respondent to the file of 3rd respondent with a direction to investigate into the matter and file charge sheet in accordance with law.

For Petitioner : Mr.J.Sulthan Basha For Respondents : Mr.R.M.Anbunithi No.1 to 3 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to transfer the investigation in Crime No.496 of 2021 pending on the file of 2nd respondent to the file of 3rd respondent with a direction to investigate into the matter and file charge sheet in accordance with law.

2. The learned Additional Public Prosecutor would submit that as per the direction of the learned Judicial Magistrate No.I, Ramanathapuram in Cr.M.P.No.2119 of 2021 dated 25.11.2021 under Section 156(3)of Cr.P.C the second respondent registered First Information Report in Crime No. 496 of 2021 for the offence under Sections 294(b) and 506(i) of IPC and after investigation the same was closed as Mistake of Fact on 03.12.2021. Therefore no investigation is pending on the file of the second respondent.

3. Hence the Criminal Original Petition is dismissed as devoid of merits. However the second respondent is directed to serve copy of RCS notice to the defacto complainant within a period of two weeks from the date of receipt of a copy of this order and on https://hcservices.ecourts.gov.in/hcservices/

receipt of the same, the petitioner is at liberty to file the protest petition in the manner known to law.

Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) Aav To

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

2. The Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

3. The Deputy Superintendent of Police, CBCID, Ramanathapuram District.

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

Crl.O.P.(MD) No.4449 of 2022 08.03.2022 MGJ(21.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/