Madras High CourtCRL OP(MD)/8530/2019disposed of

B.Asha, v. The Inspector Of Police

2021-11-09Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) Nos.8530 & 8711 of 2019 Crl.O.P.(MD).8530 of 2019 B.Asha .. Petitioner Vs.

The Inspector of Police, (Law & Order), Thallakulam Police Station, Thallakulam, Madurai.

.. Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent police to secure the accused M.Tamil Mani and V.Inbaraj in Cr.No.520 of 2019 dated 04.04.2019 on the file of respondent police.

For Petitioner : Mr.E.Somasundaram For Respondent : Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor Crl.O.P.(MD).No.8711 of 2019 B.Asha .. Petitioner Vs.

1.The Inspector of Police, Thallakulam police Station, Thallakulam, Madurai.

2.CBCID, Krishnapuram Colony, Madurai.

.. Respondents/ Complainants 3.Tamil Mani 4.V.Inbaraj .. Respondents/ Accused No.1 and 2 PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to withdraw the investigation on the file of 1st respondent police in Cr.No.520 of 2019 and transfer the same to the 2nd respondent CBCID.

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For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor COMMON ORDER Crl.O.P.(MD).No.8530 of 2019 has been filed seeking direction to the respondent police to secure the accused M.Tamil Mani and V.Inbaraj in Cr.No.520 of 2019 dated 04.04.2019 on the file of respondent police and Crl.O.P.(MD).No.8711 of 2019 has been filed seeking order to withdraw the investigation on the file of 1st respondent police in Cr.No.520 of 2019 and transfer the same to the 2nd respondent CBCID.

2.The counsel appearing for the petitioner in both the petitions are present.

3.The learned Additional Public Prosecutor submitted that based upon the complaint given by the petitioner, investigation was undertaken in Crime No.520 of 2019 and during the course of enquiry, it was found that the complaint given by the petitioner is exaggerated one and on that basis action has been dropped on 24.06.2019 and final report was also filed before the concerned Court. RCS notice dated 24.06.2019 was sent through post. But on the side of the petitioner, it was stated that there was no RCS notice served so far. The petitioner may get copy of the RCS notice from the office of the Additional Public Prosecutor and workout his remedy through proper proceedings, if so he is aggrieved by the same.

4.Since the investigation has been closed as action dropped and final report has been filed before the concerned Court the prayer sought for in both the petitions have become infructuous. 5.Accordingly, these criminal original petitions are dismissed as infructuous.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 2/3

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 Inspector of Police, Thallakulam police Station, Thallakulam, Madurai.

2.CBCID, Krishnapuram Colony, Madurai.

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

+1 CC to M/S.T.LAJAPATHI ROY, Advocate, SR-33982 dated 10/11/2021 09.11.2021 RK(29/11/2021) 3P 5C 3/3