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Madras High CourtCRL OP(MD)/6988/2020dismissed as infructuous

R.Rajthilak v. The Superintendent Of Police

2023-04-28Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R.THARANI Crl.O.P(MD).Nos.6988 and 7162 of 2020 Crl.O.P.(MD)No.6988 of 2020:

R.Rajthilak

...Petitioner

Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, (Crime No.270 of 2020) 3.John Simon Kirubakaran 4.Jothi Baskaran

...Respondents

(R3 and R4 impleaded as per order of this Court dated 15.07.2020 in Crl.M.P.(MD)No.3560 of 2020 in Crl.O.P.(MD)No.6988 of 2020 by RPAJ) COMMON PRAYER: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, praying this Court to issue a direction to the respondents to transfer the Investigation Officer in Crime No.270 of 2020 on the file of the second respondent Police and to depute another Investigation Officer under direct monitoring of the first respondent based on the petitioner's email representation dated 26.06.2020. For Petitioner : Mr.S.Madhavan 1/4

For Respondents 1 and 2 : Mrs.M.Aasha Government Advocate (Crl. Side) For 3rd Respondent : Mr.A.K.Gopalan For 4th Respondent : Mr.S.Mahalakshmi Crl.O.P.(MD)No.7162 of 2020:

R.Rajthilak

...Petitioner

Vs 1.The State represented by The Inspector of Police, (Crime No.270 of 2020) 2.John Simon Kirubakaran

...Respondents

COMMON PRAYER: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the entire case records pertaining to the case in Crime No.270 of 2020 on the file of the first respondent and quash the same as far as the petitioner/accused no.2 is concerned.

For Petitioner : Mr.S.M.Anantha Murugan For 1st Respondent : Mrs.M.Aasha Government Advocate (Crl. Side) For 2nd Respondent : Mr.A.K.Gopalan COMMON ORDER These petitions are filed to transfer the investigation Officer in Crime No. 270 of 2020 and to quash the same.

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2.On the side of the prosecution, it is stated that a chargesheet was filed on 13.04.2022 before the learned Judicial Magistrate, Tenkasi and the same was taken on file as C.C.No.495 of 2023. The case is posted for hearing on 15.05.2023.

3.In view of the submission made by the prosecution, these Criminal Original Petitions are dismissed as infructuous. 28.04.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Superintendent of Police, 2.The Inspector of Police, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R. THARANI,J.

Mrn Crl.O.P(MD).Nos.6988 and 7162 of 2020 28.04.2023 4/4