Madras High CourtCRL OP(MD)/6782/2014dismissed

Palani Kumar, 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.6782 of 2014 and M.P.(MD) No.1 of 2014 Palani Kumar ... Petitioner/Accused Vs.

The State rep. by 1.The Superintendent of Police, Theni District, Theni.

2.The Inspector of Police, Uthamapalayam Police Station, Theni District.

3.Kannan The Sub Inspector of Police, Uthamapalayam Police Station, Theni District.

4.Karuppasamy Pandian, The Sub Inspector of Police, Uthamapalayam Police Station, Theni District.

5.The Deputy Superintendent of Police, CBCID, Theni District.

.. Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, directing the investigation in connection with the case in crime No.86 of 2014 on the file of the Inspector of Police, Uthamapalayam Police Station, Theni District to be withdrawn from the said 2nd respondent and subsequently to be transferred to 5th respondent or any other competent agency For Petitioner : Mr.B.Jeyakumar For Respondents : Mr.S.Chandrasekar, APP

O R D E R

This petition is filed to change the investigation in crime No.86 of 2014 from the file of the Inspector of Police, Uthamapalayam Police Station, Theni District to the file of the 5th respondent or any other competent agency.

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2.The learned Additional Public Prosecutor would submit that already investigation has been completed and laid charge sheet, which was taken cognizance in C.C.No.345 of 2016 by the learned Judicial Magistrate, Uthamapalayam and hence, the prayer sought for by the petitioner has become infructuous.

3.Recording the said submission made by the learned Additional Public Prosecutor, since the prayer sought for in this petition has become infructuous, this petition is dismissed as infructuous. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar(CS-III) Arul To 1.The Judicial Magistrate, Uthamapalayam.

2.The Superintendent of Police, Theni District, Theni.

3.The Inspector of Police, Uthamapalayam Police Station, Theni District.

4.The Deputy Superintendent of Police, CBCID, Theni District.

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

Crl.O.P.(MD).No.6782 of 2014 and M.P.(MD) No.1 of 2014 NM/SV/SAR III/16.10.18/2P/6C https://hcservices.ecourts.gov.in/hcservices/