Madras High CourtCRL OP(MD)/3972/2017dismissed

Mathiselvam, v. The Superintendent Of Police,

2019-06-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 18.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.3972 of 2017 Mathiselvam ... Petitioner -Vs1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The State represented by the Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District.

(Crime No.237 of 2014) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., directing the case in Crime No.237 of 2014 on the file of the Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District to be withdrawn and transferred to any other investigating agency in the nearby police station. For Petitioner :

Mr.S.Palani Velayutham For Respondents :

Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The criminal original petition has been filed seeking to transfer the case in Crime No.237 of 2014 from the file of the second respondent to any other investigating agency.

2. The learned Government Advocate (Crl.side) on instructions would submit that after investigation, the second respondent police has closed the complaint as "Mistake of Fact" and the final report has been filed before the concerned Magistrate.

3. In the above circumstances, the relief sought for by the https://hcservices.ecourts.gov.in/hcservices/ petitioner cannot be granted. Hence, this Criminal Original Petition

is dismissed. However, if at all the petitioner has any grievance against the negative final report, it is always open to him to appropriate proceedings, in the manner known to law. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

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

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

Crl.O.P.(MD).No.3972 of 2017 18.06.2019 AKV KK/SAR/02.07.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/