Kesavan, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 20.06.2019
CORAM
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.2080 of 2017 Kesavan ... Petitioner -Vs1.The Superintendant of Police, Madurai District.
2.The Inspector of Police, Melur Police Station, Madurai District.
3.The Joint Director and Head of Zone, Central Bureau of Investigation (CBI), 3rd Floor, E.V.K.Sampath Building, College Road, Chennai -06.
... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent herein to transfer the investigation of the case in Crime No.367 of 2016 from the file of the second respondent to the Central Bureau of Investigation / third respondent herein for further investigation on the basis of the representation dated 15.02.2017 given by the petitioner. For Petitioner :
Mrs.K.Malathi For R1 and R2 :
Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R3 : Mr.N.Nagendiran Special Public Prosecutor for CBI
O R D E R
The criminal original petition has been filed seeking a direction to the first respondent to transfer the investigation in Crime No.367 of 2016 from the file of the second respondent to the Central Bureau of Investigation/third respondent herein for further investigation.
2. The grievance of the petitioner is that, even though the complaint given by the petitioner has been registered in Crime No.367 of 2016 for the offences under Sections 147, 148, 294(b), 447, 427, 380 and 506(ii) of I.P.C., it has not been properly investigated. Hence, the present criminal original petition has been https://hcservices.ecourts.gov.in/hcservices/
filed.
3. The learned Government Advocate (Crl.side) on instructions would submit that based on the complaint given by the petitioner, investigation has been conducted and a negative final report has been filed before the learned Judicial Magistrate, Melur and Referred Charge Sheet Notice also served on the petitioner and since he did not appear before the concerned Judicial Magistrate Court, the learned Judicial Magistrate by order dated 19.05.2017, closed the case finally.
4. In the above circumstances, the relief sought for by the petitioner cannot be granted. Hence, this criminal original petition is dismissed.
Sd/- Assistant Registrar (Crl Side) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, Melur, Madurai District.
2.Do thro The Chief Judicial Magistrate, Madurai District.
3.The Superintendant of Police, Madurai District.
4.The Inspector of Police, Melur Police Station, Madurai District.
5.The Joint Director and Head of Zone, Central Bureau of Investigation (CBI), 3rd Floor, E.V.K.Sampath Building, College Road, Chennai -06.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.K.MALATHI, Advocate, SR.No.70388 Crl.O.P.(MD).No.2080 of 2017 20.06.2019 AKV KK/SAR/10.07.2019/2P-8C https://hcservices.ecourts.gov.in/hcservices/