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Madras High CourtCRL OP(MD)/5653/2022dismissed

A.Patturaj v. The Superintendent Of Police

2022-03-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5653 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5653 of 2022 A.Patturaj

...Petitioner/

Defacto Complainant Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

3.The Inspector of Police, Eral Police Station, Thoothukudi District.

(Crime No.22 of 2022)

...Respondents/Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st respondent to Transfer the investigation agency from the 3rd respondent to any other competent authority in respect of Cr.No.22/2022 dated 17.01.2022 pending before the 3rd respondent and file the final report.

For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to direct the 1st respondent to transfer the investigation agency from the 3rd respondent to any other competent authority in respect of Cr.No.22 of 2022 dated 17.01.2022 pending before the 3rd respondent and file the final report.

2. Today when the matter is taken up for hearing the learned Additional Public Prosecutor would submit that based on the complaint given by the defacto complainant the respondent police conducted enquiry and closed the same and also filed the closure report before the concerned jurisdictional magistrate, therefore no investigation is pending on the file of the third respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.5653 of 2022

3. In view of the same, transfer of investigation does not arise and the Criminal Original Petition is dismissed . However the petitioner is at liberty to file the protest petition on the final report filed by the respondent police before the concerned Court in the manner known to law, if so, advised.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

3.The Inspector of Police, Eral Police Station, Thoothukudi District.

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

+1 CC to M/s.S.MANDIRALINGESWARAN, Advocate ( SR-15023[F] dated 29/03/2022 ) Crl.O.P.(MD) No.5653 of 2022 28.03.2022 RK(05/04/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2