Madras High CourtCRL OP(MD)/4878/2020disposed of

Vishnu Priya v. The Superintendent Of Police

2021-12-17Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.4878 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.4878 of 2020 Vishnu Priya, W/o. Kirubanantha Variyar.

... Petitioner Vs

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

2. The Inspector of Police, Dindigul Town West Police Station, Dindigul.

3. Sabari @ Sabareeswaran.

... Respondents PRAYER :- This Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to depute any other Inspector of Police other than the second respondent to investigate the case in Cr.No.41 of 2020 on the file of the second respondent and file a final report in accordance with law. For Petitioner : M/s.T.Lenin Kumar, Advocate.

For Respondent : Mr.S.Mankandan, Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking for a direction to the first respondent to transfer the investigation from the file of the second respondent, to some other officer or investigating agency, in Cr.No.41 of 2020 on the file of the second respondent and file a final report in accordance with law.

2.The petitioner is the defacto complainant in Crime No.41 of 2020, which was registered for the offences punishable under https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.4878 of 2020 Sections 294(b), 341, 323, 420, 379, 506(i) IPC, Section 4 of Tamil Nadu Prohibition of Charging of Exorbitant Interest Act, 2003 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

3.The learned Government Advocate (Crl.Side) would submit that the investigation has already been completed and final report filed before the Additional Mahila Court, Dindigul on 17.12.2021, as mistake of fact and notice was also sent to the defacto complainant through Court.

4.Since, the case has been closed as mistake of fact and final report has also been filed before the concerned Court, the petitioner can work out his remedy through proper proceedings. 5.With the above said liberty to the petitioner, this Criminal Original Petition is dismissed as infructuous. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.The Judge,Additional Mahila Court, Dindigul.

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

3.The Inspector of Police, Dindigul Town West Police Station, Dindigul.

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

CRL OP(MD) No.4878 of 2020 Date : 17/12/2021 MGJ(29.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2