Madras High CourtCRL OP(MD)/5820/2014dismissed

Leelavathi v. The Superintendent Of Police

2018-09-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.5820 of 2014 Leelavathi ..Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District Nagercoil 2.The Sub Inspector of Police Rajakkamangalam Police Station Rajakkamangalam Kanyakumari District 3.The Inspector of Police Kanyakumari Police Station Kanyakumari District (Crime No.118/11) 4.The Inspector of Police CBCID Branch Nagercoil Kanyakumari District ..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.118 of 2011 on the file of the third respondent and to transfer the same to the fourth respondent or any other competent authority, further investigate the same and to file final report against the real culprits in accordance with law. For Petitioner : Mr.C.Raja Kumar For Respondents : Mr.S.Chandra Sekar Additional Public Prosecutor

ORDER

This petition is filed to direct the first respondent to withdraw the case in Crime No.118 of 2011 on the file of the third respondent and to transfer the same to the fourth respondent or any other competent authority, further investigate the same and to file final report against the real culprits in accordance with law. https://hcservices.ecourts.gov.in/hcservices/

2.The learned Additional Public Prosecutor would submit that as per direction issued by this Court in Crl.O.P(MD).Nos.6700 and 10247 of 2011, dated 01.11.2012, investigation was conducted and the same has been closed as Action Dropped on 10.08.2013. Therefore, nothing survives for adjudication.

3.The learned counsel appearing for the petitioner would submit that even though this Court directed the third respondent to conduct the investigation in Crime No.118 of 2011, again the respondents closed the complaint as action dropped without conducting any enquiry.

4.It is seen from the above, this Court is of the view that nothing survives for adjudication. Therefore, the prayer sought for in this criminal original petition is dismissed. However, the petitioner is at liberty to file a private complaint, if she is so advised.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Superintendent of Police, Kanyakumari District Nagercoil 2.The Sub Inspector of Police Rajakkamangalam Police Station Rajakkamangalam Kanyakumari District 3.The Inspector of Police Kanyakumari Police Station Kanyakumari District 4.The Inspector of Police CBCID Branch Nagercoil Kanyakumari District 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.5820 of 2014 12.09.2018 MSA ES/SKN/RSK/SAR4/11.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/