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Madras High CourtCRL OP(MD)/5054/2018dismissed

F.X. Issac Johnson Francis v. The Commissioner Of Police

2019-06-12Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2019

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.5054 of 2018 F.X.Issac Johnson Francis ... Petitioner

Versus

1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Trichy City, Trichy.

3.The Inspector of Police, Cantonment Police Station, Trichy.

(Crime No.1251 of 2017) 4.The Inspector of Police, CBCID, Trichy.

... 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 in Crime No.1251 of 2017 on the file of the third respondent herein, dated 18.08.2017, to the fourth respondent or some other agencies and ensure fair and free manner of investigation under his monitor.

For Petitioner : Mr.G.Manikandan For Respondents : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents 1 and 2 to transfer the investigation in Crime No.1251 of 2017, on the file of the third respondent herein, dated 18.08.2017, to the fourth respondent or some other agencies and ensure fair and free manner of investigation under his monitor.

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2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that based on the complaint given by the defacto complainant, investigation has been completed and subsequently, the case was closed as the death was due to cardiac arrest.

3.Considering the above said submission that the investigation is over and final report has been filed, the prayer sought for in the Criminal Original Petition cannot be granted at this stage. Hence, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Trichy City, Trichy.

3.The Inspector of Police, Cantonment Police Station, Trichy.

4.The Inspector of Police, CBCID, Trichy.

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

Crl.O.P.(MD)No.5054 of 2018 12.06.2019 CS: (20/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/