T.G.Mohamed Shajahan, v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2018
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.389 of 2017 T.G.Mohamed Shajahan .. Petitioner Vs 1.The Superintendent of Police, Thanjavur District, Thanjavur.
2.The Deputy Superintendent of Police, Papanasam Division, Papanasam, 3.The Inspector of Police, Ayyampettai Police Station, (Crime No.345 of 2016) .. Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.345 of 2016, dated 21.11.2016 pending on the file of the 3rd respondent to any other competent authorities or some other agency and to complete the investigation within a stipulated period. For Petitioner : Mr.Niranjan S.Kumar For Respondents: Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)
ORDER
This petition has been filed seeking transfer of investigation in Crime No.345 of 2016.
2.It is represented that the respondent police have already completed the investigation and filed the Closure Report before the Judicial Magistrate No.III, Thanjavur, on 19.01.2017. In view of this subsequent development, nothing survives in this Criminal Original Petition and the same is dismissed.
(*) This Petition having been Posted on this day 25.10.2018 'For Being Mentioned. In pursuance to the order of this Court dated 11.09.2018 and made herein the presence of the above said advocate, this Court made the following order. This matter is listed today under the caption for 'being mentioned' at the instance of the learned counsel for the petitioner.
2.It is represented that the respondent police have already completed the investigation and filed the Closure Report before the learned Judicial Magistrate No.III, Thanjavur, on 19.01.2017. 3.The learned counsel for the petitioner would submit that when a protest petition was filed before the court below, the court below had rejected the same, on the ground that this transfer of investigation petition is pending. Since the petition has now been closed, the court below is directed to entertain the protest petition filed by the petitioner.
4.This Criminal Original Petition is disposed of with the above direction.
Sd/- Assistant Registrar (CRL-SIDE) // True Copy // Assistant Registrar(Crl.Side) Sub Assistant Registrar(CS-II) To (*)Substituted service already despacthed on 12.10.2018.
1. The Judicial Magistrate No.III, Thanjavur.
2. The Superintendent of Police, Thanjavur District, Thanjavur.
3. The Deputy Superintendent of Police, Papanasam Division, Papanasam,
4. The Inspector of Police, Ayyampettai Police Station,
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
• 3 CCs TO MR.NIRANJAN S.KUMAR, ADVOCATE IN SR NO.83865,91809,92562. TM BU/RP/SAR-III :09.10.2018 : 2P/7C DS SV SAR2 11 12 2018 3P 9C CRL.O.P.(MD)No.389 of 2017 11.09.2018