Madras High CourtCRL OP(MD)/18460/2016disposed of

K.Niraikulathan, v. The Superintendent Of Police,

2018-09-17Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.18460 of 2016 and Crl.M.P.(MD)No.9207 of 2016 K.Niraikulathan

...Petitioner

Vs.

1.The Superintendent of Police, O/o the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Alangulam, Tirunelveli District.

3.The Inspector of Police, Uthumalai police station, Tirunelveli District.

(Crime No. 49 of 2016) 4.Madasamy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., directing the Respondent No.1 to initiate departmental action against Respondent No.4 and consequently for a direction directing the Respondent No.1 to entrust the case in Crime No.49 of 2016 to an competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court. For Petitioner :Mr.T.Lajapathi Roy For R1 to R3 :Ms.S.Bharathi Government Advocate

O R D E R

This petition has been filed for a direction to initiate departmental proceedings against the fourth respondent and to transfer the investigation from the file of the fourth respondent in Crime No.49 of 2016.

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2.The learned Government Advocate would submit that a final report has already been filed in Crime No.49 of 2016. There is no proper instructions as to whether R.C.S. notice was served on the petitioner.

3.Therefore, the petitioner is at liberty to file a protest petition before the appropriate Court as against the negative report filed by the fourth respondent and proceed with the case in accordance with law.

4.With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(T AND P) /True Copy/ Sub Assistant Registrar(CS I) Ls To 1.The Superintendent of Police, O/o the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Alangulam, Tirunelveli District.

3.The Inspector of Police, Uthumalai police station, Tirunelveli District.

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

1CC TO MR. T. LAJAPATHI ROY, ADVOCATE SR 84662 DS SKN SAR 1 22 10 2018 2P 6C Crl.O.P.(MD).No.18460 of 2016 17.09.2018 https://hcservices.ecourts.gov.in/hcservices/