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Madras High CourtCRL OP(MD)/4647/2021disposed of

A.Ashok v. The Superintendent Of Police

2023-01-04Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR A.Ashok ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(Crime No.1837 of 2020) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to withdraw the investigation pending on the file of the second respondent in Crime No.1837 of 2020 dated 19.10.2020 to the file of any other competent officer under the control of the first respondent.

For Petitioner : Mr.A.Rahul For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to withdraw the investigation pending on the file of the second respondent in Crime No.1837 of 2020 dated 19.10.2020 to the file of any other competent officer under the control of the first respondent.

2. Though this Court directed the concerned Inspector of Police to appear before this Court on 20.12.2022 and again on 03.01.2023, she has not turned up. Hence, this Court has directed the concerned Deputy Superintendent of Police and the Inspector of Police to appear before this Court on 04.01.2023. In pursuance of the same, Mr.Prasanna, Deputy Superintendent of Police and M/s.M.Jeyanthi, Inspector of Police, Orathanadu Police Station are present before this Court.

3. The learned Additional Public Prosecutor appearing for the respondents on instructions would submit that the concerned Constable, 2/4

who came to this Court, has not informed about the hearing dates to the Inspector of Police and hence, she could not appear before this Court.

4. The learned Additional Public Prosecutor appearing for the respondents would further submit that the second respondent, after completing the investigation, has filed the final report and the case was taken on file in C.C.No.24 of 2021 and the same is pending on the file of the Judicial Magistrate, Orathanadu and the case stands posted on 02.02.2023 for the appearance of the accused.

5. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition stands disposed of. 04.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

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

Order made in Dated : 04.01.2023 4/4