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Madras High CourtCRL OP(MD)/5296/2023dismissed as infructuous

P.Meenakshi v. The Superintendent Of Police

2023-06-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5296 of 2023 and Crl.M.P(MD).No.4701 of 2023 P.Meenakshi

...Petitioner

Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

3.The Inspector of Police, Thirukostiyur Police Station, Thiruppathur Taluk, Sivagangai District.

.... Respondents PRAYER: This Criminal original Petition is filed under Section 482 Cr.P.C., to withdraw the investigation of the case in Crime No.108 of 2022, dated 20.10.2022 on the file of the 3rd respondent and entrust the same to 1st respondent to appoint a competent officer not below the rank 1/4

of DSP to conduct a fair and proper investigation. For Petitioner : Mr. Rajiv Rufusy For Respondents 1 to 3 : Mr.B. Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to withdraw the investigation of the case in Crime No.108 of 2022, dated 20.10.2022 on the file of the 3rd respondent and entrust the same to 1st respondent to appoint a competent officer not below the rank of DSP to conduct a fair and proper investigation.

2. The learned Additional Public Prosecutor appearing for the respondent police would submit that the investigation in this case has already been completed and the final report was filed taken cognizance in C.C.No.49 of 2023, on the file of the Judicial Magistrate, Thiruppathur.

3. The learned counsel appearing for the petitioner submitted that the property involved in the above said case has not been remanded so far.

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4. Now, CD file produced stating that the property has been remanded in R.P.No.22 of 2023 on the file of the District Munsif - Cum - Judicial Magistrate, Thriuppathur on 06.04.2022.

5. In view of the said fact, nothing survives for adjudication in this Criminal Original Petition. Hence, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed.

07.06.2023 Index :

Yes / No Internet :

Yes / No trp To 1.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, O/o. The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

3.The Inspector of Police, Thirukostiyur Police Station, Thiruppathur Taluk, Sivagangai District.

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

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G.ILANGOVAN,J trp Order made in Crl.O.P.(MD)No.5296 of 2023 and Crl.M.P(MD).No.4701 of 2023 Dated :07.06.2023 4/4