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Madras High CourtCRL OP(MD)/6245/2021closed

Peurmalsamy v. The Superintendent Of Police

2021-04-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6245 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.6245 of 2021 Peurmalsamy ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tenkasi (District).

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sankarankovil, Tenkasi (District).

3.The Inspector of Police, Ayyapuram Police Station, Tenkasi (District).

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue a direction directing the first respondent to withdraw the petitioner's complaint C.No.G7/806/SP/TEN/2021 dated 27.02.2021 pending before the third respondent and entrust the same to any other Officer not below the rank of Deputy Superintendant of Police for investigation of the complaint based on the petitioner's representation dated 22.03.2021 by this Court. For Petitioner : Mr.V.Selvakumar For R-1 to R-3 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This criminal original petition has been filed seeking a direction to the first respondent to withdraw the petitioner's complaint C.No.G7/806/SP/TEN/2021 dated 27.02.2021 pending before the third respondent and entrust the same to any other Officer not below the rank of Deputy Superintendent of Police for investigation of the complaint based on the petitioner's representation dated 22.03.2021 by this Court.

2.When the matter is taken up for hearing, the learned Government Advocate(Crl.side) would submit that the complaint given https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6245 of 2021 by the petitioner came to be closed because of his non-co-operation and non-appearance before the Enquiry Officer in Petition No.45 of 2021 on 18.03.2021.

3.In view of the above submission, when the complaint given by the petitioner is closed, the question of transfer of enquiry will not arise. If the grievance still exists, the petitioner is at liberty to make a fresh complaint setting out the proper facts. 4.With the above liberty, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Office of the Superintendent of Police, Tenkasi (District).

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sankarankovil, Tenkasi (District).

3.The Inspector of Police, Ayyapuram Police Station, Tenkasi (District).

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

Crl.O.P.[MD]No.6245 of 2021 30.04.2021 AS(08.06.2021)3P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2