Ams. Sihabudeen, v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.5185 of 2020 and Crl.M.P.(MD)No.2987 of 2020 AMS.Sihabudeen ... Petitioner/Defacto Complainant Vs.

1.The Director General of Police, Government of Tamil Nadu, O/o. Director General of Police, Chennai.

2.The Superintendent of Police O/o. Superintendent of Police, Thanjavur District, Thanjavur.

3.The Deputy Superintendent of Police CBCID, O/o. Superintendent of police CBCID, Madurai District, Madurai 4.The Inspector of Police Adiramapattinam Police Station, Thanjavur District, Thanjavur.

(Crime no. 103 of 2019) 5.Jayakumar Inspector of Police Adiramapattinam Police Station, Thanjavur District, Thanjavur.

...Respondents/Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the second respondent to Transfer the Investigation pertaining to the case in Crime No.103 of 2019, dated 02.06.2019 registered under Sections 147, 120B, 406 and 420 of Indian Penal Code on the file of fourth respondent and entrust the same to the third respondent for investigation of the case by a Competent Officer and to file a final report before the Jurisdictional Magistrate, within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For R-1 to R-4 : Mr.V.Neelakandan Additional Public Prosecutor 1/3

O R D E R

This Criminal Original Petition has been filed seeking direction to the second respondent to Transfer the Investigation pertaining to the case in Crime No.103 of 2019, dated 02.06.2019 on the file of fourth respondent and entrust the same to the third respondent for an investigation of the case by a Competent Officer and file a final report before the Jurisdictional Magistrate. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 to 4.

3.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the case in Crime No.103 of 2019 was closed as "mistake-of-fact" and referred charge sheet notice also served to the petitioner.

4. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed. However, the petitioner is at liberty to approach the Jurisdictional Magistrate for filing protest petition. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Rm 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 Director General of Police, Government of Tamil Nadu, O/o. Director General of Police, Chennai.

2/3

2.The Superintendent of Police O/o. Superintendent of Police, Thanjavur District, Thanjavur.

3.The Deputy Superintendent of Police CBCID, O/o. Superintendent of police CBCID, Madurai District, Madurai 4.The Inspector of Police Adiramapattinam Police Station, Thanjavur District, Thanjavur.

+1 CC to Mr.T.LAJAPATHI ROY, Advocate (SR-21264[F] dated 05/11/2020 ) Crl.O.P.[MD]No.5185 of 2020 03.11.2020 VB (10.11.2020) 3P 6C 3/3