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Madras High CourtCRL OP(MD)/4389/2019dismissed as infructuous

Dr.A.John Dickens Jeyarajan, v. The Commissioner Of Police,

2021-11-25Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.4389 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.4389 of 2019 A.John Dickens Jeyarajan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Superintendent of Police, CBCID, Madurai.

3.The Inspector of Police, Thideer Nagar Police Station, Madurai City, Madurai.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to direct the third respondent to transfer the investigation in Crime No.85 of 2019 to the second respondent to proceed to the investigation within the stipulated time.

For Petitioner : Mr.P.Senguttuarasan For Respondents : Mr.R.Sivakumar Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed seeking transfer of investigation in Cr.No.85 of 2019. The complaint in Cr.No.85 of 2019, was registered for the offence punishable under Section 381 I.P.C. The grievance of the petitioner is that even after a lapse of two years, there is no progress in the investigation and on that ground, this petition has been filed for transfer of investigation.

2. When the matter was taken up for hearing, there was no representation for the petitioner on 08.11.2021. Today also, there is no representation for the petitioner.

3. The learned Additional Public Prosecutor would submit that one false complaint has been given by the petitioner to save the reputation of the hospital. So, it was closed, but, as a mistake of fact on 30.05.2020 and a closure report was also submitted before the concerned Court by serving a copy of the R.C.S notice to the petitioner. Since there is no representation for the petitioner, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4389 of 2019 this Criminal Original Petition is dismissed for default. However, the petitioner has to work out the remedy before the concerned Court, if he is aggrieved by the closure report. Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/btr 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 Commissioner of Police, Madurai City, Madurai.

2.The Superintendent of Police, CBCID, Madurai.

3.The Inspector of Police, Thideer Nagar Police Station, Madurai City, Madurai.

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

Crl.O.P(MD)No.4389 of 2019 25.11.2021 NSN(CO) GC(17.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2