Madras High CourtCRL OP(MD)/22610/2016dismissed

S.Suyambu Nadar, v. The Superintendent Of Police

2016-11-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.22610 of 2016 S.Suyambu Nadar : Petitioner -Vs1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Thattankulam Police Station, Thattankulam, Thoothukudi District.

Crime No.114 of 2016) 3.The Inspector of Police, CBCID,Special Investigation Wing, Thoothukudi, Thoothukudi District. : Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to issue a direction, directing the 1st respondent to issue a direction to withdraw the case in Crime No.114 of 2016 on the file of the 2nd respondent police and entrust the same to the file of the 3rd respondent police for fair and free investigation of the case by a competent officer and file a final report before the Jurisdictional Magistrate within the time fixed by this court. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side)

O R D E R

This petition is filed to direct the 1st respondent to issue a direction to withdraw the case in Crime No.114 of 2016 on the file of the 2nd respondent police and entrust the same to the file of the 3rd respondent police, for fair and free investigation of the case by a competent officer and file a final report before the Jurisdictional Magistrate within a time frame. https://hcservices.ecourts.gov.in/hcservices/

2.When the matter is taken up, the learned Government Advocate (Criminal side) would submit that the 2nd respondent, after completing the investigation, closed the case as "Mistake of Fact, on 23.09.2016."

3.Recording the above submission, this petition is dismissed. The 2nd respondent police is directed to furnish the closure report to the petitioner within a period of two weeks from the date of receipt of the order copy, if not already served. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar er To, 1.The Superintendent of Police, Thoothukudi, 2.The Inspector of Police, Thattankulam Police Station, Thoothukudi District. 3.The Inspector of Police, CBCID,Special Investigation Wing, Thoothukudi, Thoothukudi District.

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

GJM/SS2/KSM/12.1.17-2P-5C Crl.O.P.(MD) No.22610 of 2016 30.11.2016 https://hcservices.ecourts.gov.in/hcservices/