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Madras High CourtCRL OP(MD)/8679/2019dismissed as infructuous

Ponmari, W/O.Thangamari v. The Superintendent Of Police

2021-11-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.8679 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.8679 of 2019 and Crl.M.P.(MD).No.5426 of 2019 Ponmari ... Petitioner Vs.

1.The Superintendent of Police, O/o. Superintendent of police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, D.S.P. Office, Ambasamuthiram Sub Division, Tirunelveli District.

3.The Deputy Superintendent of Police, Crime Branch Crime Investigation Department (C.B.C.I.D.), No.38, Sankar Colony, Thiruchendur Road, Palayamkottai, Tirunelveli - 627 002.

4.The Inspector of Police, Alwarkurichi Police Station, Tirunelveli District.

(Crime No.102 of 2019) ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation to the 3rd respondent office for conducting fair and impartial investigation in Cr.No.102 of 2019 on the file of the Respondent No.4.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor

ORDER

This petition has been filed seeking order to transfer the investigation to the 3rd respondent office for conducting fair and impartial investigation in Cr.No.102 of 2019 on the file of the Respondent No.4.

2.The learned Additional Public Prosecutor has submitted status report, wherein it has been stated that during the course of enquiry the petitioner did not co-operate for enquiry. Further it is stated https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.8679 of 2019 that the accused who was working as Sub Inspector also expired in the last year. Since the accused expired, the charges against him is abated and nothing survives in this petition for further consideration.

3.In view of the same, 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) 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 Superintendent of Police, O/o. Superintendent of police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, D.S.P. Office, Ambasamuthiram Sub Division, Tirunelveli District.

3.The Deputy Superintendent of Police, Crime Branch Crime Investigation Department (C.B.C.I.D.), No.38, Sankar Colony, Thiruchendur Road, Palayamkottai, Tirunelveli - 627 002.

4.The Inspector of Police, Alwarkurichi Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.8679 of 2019 09.11.2021 AR(CO) GC(29.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2