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Madras High CourtCRL OP(MD)/8616/2019dismissed as infructuous

C. Ravikumar v. The Superintendent Of Police

2021-12-01Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN and Crl.MP(MD)No.5414 of 2019 C.Ravikumar ... Petitioner/Defacto Complainant vs.

1.The superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, CB-CID, Tirunelveli District.

3.The Inspector of Police, District Crime Branch, Tirunelveli.

(Crime Nos.37 & 38 of 2018) 4.The Inspector of Police, Anti-Land Grabbing Special Cell, Tirunelveli District.

... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction directing the 4th respondent herein to withdraw the case in Crime Nos.37 & 38 of 2019 on the file of the 3rd respondent pending on the file of 4th respondent and to entrust the same to the 2nd respondent herein for investigation and to file a final report within the period to be stipulated by this Court.

For Petitioners : Mr.V.M.Jegadeesha Pandian For Respondents : Mr.R.Sivakumar Government Advocate (Crl.Side)

O R D E R

This petition is filed seeking transfer of investigation in Crime Nos.37 & 38 of 2019 on the file of the third respondent pending on the file of fourth respondent to the second respondent herein.

2.The petitioner is the defacto complainant in Crime Nos.37 & 38 of 2019, which were registered for the offence under Sections 1/3

423, 420, 467, 468, 471 and 34 of IPC.

3.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) would submit that investigation was completed and final report was filed before the Special-Court, Tirunelveli, on 29.07.2019, stating as 'further action dropped' and RCS notice has also been served upon the petitioner, on 27.01.2020. The signature of the petitioner was also available in the RCS notice.

4.But, however, the learned counsel for the petitioner would submit that he wants to get instruction from his client since RCS notice has not been received by him sofar.

5.Since final report has been filed before the concerned Court, nothing survives for further adjudication or further consideration in this petition. Hence the petition has become infructuous. However, the petitioner may workout his remedy through appropriate proceedings.

6.With the above said liberty, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) dss To 1.The superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Superintendent of Police, CB-CID, Tirunelveli District.

3.The Inspector of Police, District Crime Branch, Tirunelveli.

(Crime Nos.37 & 38 of 2018) 2/3

4.The Inspector of Police, Anti-Land Grabbing Special Cell, Tirunelveli District.

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

and Crl.MP(MD)No.5414 of 2019 01.12.2021 DKS(CO) SB(15.12.2021) 3P 6C 3/3