M.Manikandan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN M. Manikandan ... Petitioner Vs.

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

2. The Inspector of Police, Melur Police Station, Madurai District.

3. The Sub-Inspector of Police, Keelavalavu Police Station, Madurai District.

(Crime No. 134 of 2022)

4. Balakrishnan The Sub-Inspector of Police, Keelavalavu Police Station, Madurai District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction, directing the 1st respondent to transfer the investigation from the 3rd respondent to some other investigation agency in connection with Crime No. 134 of 2022 dated 05.06.2022. 1/4

For Petitioner : Mr.A. Robinson For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition is filed seeking direction to the 1st respondent to transfer the investigation from the 3rd respondent to some other investigation agency in connection with Crime No. 134 of 2022 dated 05.06.2022.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that the investigation in Crime No.134 of 2022 has been completed and the final report was also filed before the concerned Court as "Mistake of Fact" on 15.06.2022.

3. At this juncture, the learned counsel for the petitioner submitted that the second respondent has not conducted the investigation in a proper manner. Till date, the closure report was not communicated to the petitioner by the investigating officer of by the concerned Court.

4. Since the final report has been filed before the concerned Court, the transfer of investigation does not arise 2/4

5. Recording the submissions made by the learned Additional Public Prosecutor, the second respondent is directed to serve the closure report to the petitioner and on receipt of the same, the petitioner is at liberty to work out his remedy through appropriate proceedings. Accordingly, this Criminal Original Petition stands disposed of as infructuous. 15.03.2023 Index : Yes/No Internet:Yes/No tta To

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

2. The Inspector of Police, Melur Police Station, Madurai District.

3. The Sub-Inspector of Police, Keelavalavu Police Station, Madurai District.

4. Balakrishnan The Sub-Inspector of Police, Keelavalavu Police Station, Madurai District.

5. Additional Public Prosecutor Madurai Bench of Madras High Court.

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G.ILANGOVAN, J., tta 15.03.2023 4/4