Madras High CourtCRL OP(MD)/5357/2020disposed of

E.Gurunathan v. The Superintendent Of Police

2020-05-15Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.5357 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.05.2020 PRESENT THE HON`BLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.5357 of 2020 E.Gurunathan ... Petitioner Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

3.Esakkiammal 4.Paramasivam 5.Ramakrishnan 6.Prabu ... Respondents PRAYER : Petition is filed under Section 482 of Cr.P.C to direct the first respondent to transfer the investigation pending in Crime No.65 of 2020 on the file of the second respondent and transfer the same to any other agency and further direct the agency to complete the investigation within a time frame and file charge sheet. For Petitioner : Mr.P.Mani Anandh For Respondents : Mr.A.Robinson Government Advocate (Crl.side) for R1 and R2

ORDER

The petitioner seeks transfer of investigation in Crime No.65 of 2020 on the file of the second respondent. 2.According to the petitioner's counsel, the accused is a retired Police official and therefore, he apprehends that investigation cannot be conducted properly.

3.The learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 submitted that the case has already been closed as 'mistake of fact'. Therefore, the petitioner has to necessarily contest the case only before the jurisdictional Magistrate Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5357 of 2020 4.The official respondent is directed to serve a copy of the final report on the petitioner so that the petitioner will have liberty to file a protest petition. The jurisdictional Magistrate will of course issue independent notice and take a final decision in this matter.

5.On these observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli District.

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

IN Crl.O.P(MD).No.5357 of 2020 15.05.2020 VB(01.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2