Madras High CourtCRL OP(MD)/717/2017dismissed

Thangadurai, v. The Superintendent Of Police,

2019-06-11Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN CRL.O.P.(MD).No. 717 of 2017 Thangadurai : Petitioner Vs.

1. The Superintendent of Police, Tuticorin District, Tuticorin.

2. The Inspector of Police, Tiruchendur Temple Police Station, Tuticorin District.

(Crime No.392 of 2015) : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Cr.P.C., to direct the 1st respondent to transfer the investigation in Crime No.392 of 2015 from the file of 2nd respondent to any other competent investigation agency, within a time frame as fixed by this Court.

For Petitioner : Mr.N. Satheesh Kumar For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed seeking transfer of investigation in Crime No.392 of 2015.

2. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that after investigation, negative final report has been filed before the Jurisdictional Magistrate concerned and the same is pending.

3. Considering the fact that already investigation has been completed and final report has been filed by the second respondent police, if at all the petitioner has any grievance over the final report filed by the second respondent police, it is always open to him to file a necessary application before the https://hcservices.ecourts.gov.in/hcservices/

Magistrate concerned against the final report filed by the second respondent police. On filing such application, it is for the learned Magistrate concerned, on considering the materials, to take a final decision either to accept the final report or not. Hence, at this stage, the prayer sought for by the petitioner cannot be granted. Accordingly, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To

1. The Superintendent of Police, Tuticorin District, Tuticorin.

2. The Inspector of Police, Tiruchendur Temple Police Station, Tuticorin District.

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

Ksa/sml Order made in CRL.O.P.(MD).No.717 of 2017 11.06.2019 KM/(04.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/