Madras High CourtCRL OP(MD)/8740/2019dismissed as infructuous

R.Jeyakumar, v. The Superintendent Of Police

2021-12-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8740 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8740 of 2019 and Crl.M.P.(MD)No.5642 of 2019 R.Jeyakumar ... Petitioner Vs.

1.The Superintendent of Police, Superintendent Officer, Trichy.

2.The Deputy Superintendent of Police, Deputy Superintendent Office.

Lalgudi, Trichy District.

3.The Inspector of Police, Lalgudi Police Station, Trichy District.

Crime No.128 of 2019 ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the first respondent to transfer the investigation to some other Officer and conduct a fair investigation and also file final report in Crime No.128 of 2019 pending before the third respondent police, within stipulated period fixed by this Court.

For Petitioner : Mr.R.Yamuna For Respondents : Mr.R.Sivakumar, Government Advocate(Crl.side)

ORDER

This criminal original petition has been filed to direct the first respondent to transfer the investigation to some other Officer and conduct a fair investigation and also file final report in Crime No.128 of 2019 pending before the third respondent police, within a time frame.

2.The learned Government Advocate(Crl.side) appearing for the respondents would submit that it is a case and counter case and investigation in this case has been completed and the same is closed as "mistake of fact" on 27.09.2019 and RCS notice was also served upon the wife of the petitioner herein. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8740 of 2019 3.The learned counsel appearing for the petitioner would submit that the petitioner has not received any notice from the police. The petitioner can get a copy of the closure report from the learned Additional Public Prosecutor's Officer. 4.In view of the submission of the learned Government Advocate (Crl.side), the prayer sought for in this petition has become infructuous. The petitioner is at liberty to workout his remedy in the manner known to law. Accordingly, this criminal original petition is disposed of as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) gns 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, Superintendent Officer, Trichy.

2.The Deputy Superintendent of Police, Deputy Superintendent Office.

Lalgudi, Trichy District.

3.The Inspector of Police, Lalgudi Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.8740 of 2019 02.12.2021 NSN(CO) SB(15.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2