Madras High CourtCRL OP(MD)/6215/2019dismissed as infructuous

Maheswaran, v. The Protection Officer Under

2021-11-19Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6215 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6215 of 2019 and Crl.M.P.(MD).No.4084 of 2019 Maheswaran .. Petitioner Vs.

1.The Protection Officer under the Tamil Nadu Domestic Violence Act, Office of the District Social Welfare Officer, Tiruchirappalli.

2.Kalaiselvi .. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the enquiry in proceedings Crime No.44/2019 dated 04.04.2019 to any other officer of same rank other than the 1st respondent.

For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.M.Muthumanikkam Counsel for Government of Tamil Nadu (Crl. Side)

ORDER

This petition has been filed seeking order to transfer the enquiry in proceedings Crime No.44/2019 dated 04.04.2019 to any other officer of same rank other than the 1st respondent. 2.When the matter is taken up for hearing, the learned counsel for the first respondent submitted that based upon the complaint given by the second respondent, enquiry has been undertaken and it is found that a case in DVC.No.4 of 2019 has been filed before the learned Judicial Magistrate Court and it is pending trial. Hence, the prayer sought for in this petition has become infructuous. The petitioner is at liberty to workout his remedy in the pending proceedings.

3.With the above liberty, this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6215 of 2019 TM 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 Protection Officer under the Tamil Nadu Domestic Violence Act, Office of the District Social Welfare Officer, Tiruchirappalli.

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

Crl.O.P.(MD)No.6215 of 2019 19.11.2021 AM(CO) KB(01.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2