Madras High CourtCRL OP(MD)/3733/2024closed

Muthusamy v. The Superintendent Of Police

2025-04-01Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Muthusamy ... Petitioner Vs

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

2. The Inspector of Police, Suchindram Police Station, Kanyakumari District. Cr.No.430/2021.

3. The Sub Inspector of Police, Suchindam Police Station, Kanyakumari District.

... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the R1 Superintendent of police to transfer the investigation in Crime No.430/2021 on the file of the suchindram Police Station Kanyakumari District to the CBCID, Kanyakumari District and to reinvestigate and file a Final Report within the time frame fixed by this Court.

For Petitioner : Mr.T.Cibichakraborthy For Respondents: Mr.M.Sakthi Kumar (R1-3) Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent to transfer the investigation in Crime No.430/2021 on the file of the suchindram Police Station Kanyakumari District to the CBCID, Kanyakumari District and to reinvestigate and file a Final Report within the time frame fixed by this Court. 2.When the matter is taken up for hearing the learned Government Advocate (Crl.Side) appearing for the respondent police would submit that in this case, already investigation has been completed and final report also filed before the concerned Court as 'mistake of fact'. In this case, RCS notice also served to the petitioner. Therefore, transfer of investigation does not arise at this stage. 3.Considering the prayer sought for by the petitioner and the investigation has been completed by the respondent police and final report also filed before the concerned Court, transfer of investigation does not arise at this stage.

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4.Accordingly, this petition stands closed. However, the petitioner is at liberty to challenge the final report in the manner known to law, if he is aggrieved.

01.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

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

2. The Inspector of Police, Suchindram Police Station, Kanyakumari District. Cr.No.430/2021.

3. The Sub Inspector of Police, Suchindam Police Station, Kanyakumari District.

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

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P. DHANABAL, J.

PNM ORDER IN 01.04.2025 4/4