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Madras High CourtCRL OP(MD)/1624/2019dismissed as infructuous

S. Rashiya, v. The Inspector General Of

2021-12-17Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.OP(MD)No.1624 of 2019 S.Rashiya ... Petitioner -vs1. The Inspector General of Police, Office of the I.G., (Central Zone) Trichy - 620 023.

2. The Superintendent of Police, Office of the Superintendent of Police, Trichy - 620 020.

3. The Inspector of Police, Lalgudi Police Station, Trichy District.

4. The Inspector of Police, CBCID, Trichy.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to withdraw the case in Crime No.624 of 2017 pending on the file of the third respondent police and transfer the same to the fourth respondent or any other independent investigating agency. For Petitioner :

No Appearance For Respondents :

Mr.RMS. Sethuraman Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking orders to withdraw the case in Crime No.624 of 2017 pending on the file of the third respondent police and transfer the same to the fourth respondent or any other independent investigating agency.

2. When the matter was taken up for hearing on 11.11.2021, the learned Additional Public Prosecutor submitted that the investigation has already been completed and the final report has already been filed before the learned Judicial Magistrate, Lalgudi, 1/3

and the same was not taken on file. Hence, this Court, directed the Registry to call for a report from the learned Judicial Magistrate, Lalgudi, as to the stage of the final report.

3. In pursuance of the same, the learned Judicial Magistrate, Lalgudi, sent a report dated 02.12.2021, stating that the charge sheet was filed on 29.11.2021, and the case was taken on file in C.C.No.74 of 2021, dated 01.12.2021 and the same is pending for service of summons to the accused. There is no representation for the petitioner.

4. Recording the submission made by the learned Additional Public Prosecutor and taking note of the report of the learned Judicial Magistrate, Lalgudi, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi 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 Judicial Magistrate, Lalgudi.

2. The Inspector General of Police, Office of the I.G., (Central Zone) Trichy - 620 023.

3. The Superintendent of Police, Office of the Superintendent of Police, Trichy - 620 020.

4. The Inspector of Police, Lalgudi Police Station, Trichy District.

5. The Inspector of Police, CBCID, Trichy.

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

CRL.OP(MD)No.1624 of 2019 17.12.2021 MGJ(20.01.2022) 3P 7C 3/3