Madras High CourtCRL OP(MD)/8383/2017dismissed

P.Firoskhan v. The Commissioner Of Police

2019-07-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 04.07.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.8383 of 2017 and Crl.M.P.(MD)No.6211 of 2017 P.Firoskhan ... Petitioner -Vs1.State represented by The Commissioner of Police, Tirunelveli, Tirunelveli District 2.The Inspector of Police, Melapalayam Police Station, Tirunelveli District 3.The Inspector of Police, CBCID, Tirunelveli, Tirunelveli District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No. 308/2017 from the second respondent to third respondent.

For Petitioner :

Mr.K.Prabhu 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 investigation in Crime No.308 of 2017 from the file of the second respondent to the file of the third respondent. 2.The grievance of the petitioner is that based on the complaint given by the petitioner, an F.I.R has been registered in Crime No.308 of 2017 for the offence under Sections 294(b), 324, 506 (ii) and 109 I.P.C. Even though the crime has been registered in the year 2017, there is no progress for the past two years. Hence, the petitioner has filed the present Criminal Original Petition.

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3.When the matter was taken up for hearing today, the learned Government Advocate (criminal side) on instructions would submit that the investigation is already over and the final report was also filed before the concerned Judicial Magistrate on 08.10.2018. 4.In the above circumstances, as the final report has already been filed, there is no necessity to transfer the investigation at this stage. Hence, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS ) To

1. The Commissioner of Police, Tirunelveli, Tirunelveli District.

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

3.The Inspector of Police, CBCID, Tirunelveli, Tirunelveli District.

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

Crl.O.P.(MD).No.8383 of 2017 04.07.2019 CS(22.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/