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Madras High CourtCRL OP(MD)/7689/2022dismissed

Paldurai v. The Superrintendent Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.7689 of 2022 Paldurai

...Petitioner

Vs.

1. The Superintendent of Police, Tenkasi District

2. The Inspector of Police Pavoorchatram Police Station Tenkasi District

3. The Superintendent of Police CBCID, Chennai

4. The Inspector of Police CBCID, Tenkasi District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to transfer the investigation from the second respondent in Crime No.442 of 2021 to CBCID the respondent herein or to any other independent competent agency.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.R.M.Anbunithi No.1 to 4 Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to transfer the investigation from the second respondent in Crime No.442 of 2021 to CBCID the respondent herein or to any other independent competent agency.

2. When the matter is taken up for hearing the learned Additional Public Prosecutor would submit that the respondent police has completed investigation in Crime No. 442 of 2021 and also filed final report before the Sub Divisional Magistrate/Revenue Divisional Officer, Tenkasi as ' Further Action Dropped' on 07.03.2022. However the petitioner was not served with copy of RCS notice till today and also the closure report not filed before the concerned jurisdictional magistrate and therefore no investigation is pending on the file of the second respondent.

3. In view of the same, transfer of investigation does not arise and the Criminal Original Petition stands dismissed. However the respondent police is directed to serve copy of the RCS notice to https://hcservices.ecourts.gov.in/hcservices/ 1/2

the petitioner within a period of two weeks from the date of receipt of a copy of this order and file the closure report before the concerned jurisdictional Magistrate and on receipt of the same, the petitioner is at liberty to file a protest petition in the manner known to law.

Sd/- Assistant Registrar (Protocol) // True Copy // / /2022 Sub Assistant Registrar(CS) Aav To

1. The Superintendent of Police, Tenkasi District

2. The Inspector of Police Pavoorchatram Police Station Tenkasi District

3. The Superintendent of Police CBCID, Chennai

4. The Inspector of Police CBCID, Tenkasi District Copy to The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.S. SIVAKUMAR, Advocate ( SR-21233[F] dated 26/04/2022 ) Crl.O.P.(MD) No.7689 of 2022 26.04.2022 KM(CO) KB(13.05.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2