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Madras High CourtCRL OP(MD)/8018/2022disposed of

Ananthan v. The Superintendent Of Police

2024-02-05Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05.02.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI CRL OP(MD) No.8018 of 2022 Ananthan ... Petitioner Vs

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Deputy Superintendent of Police, Dindigul District, Dindigul.

3. The Sub Inspector of Police, Natham Police Station, Dindigul District.

(Crime No.124/2022) ... Respondents PRAYER :- Criminal Original Petition is filed under section 482 of Cr.P.C., to withdraw the case in Crime No.124 of 2022 from the file of 3rd respondent and transfer the same to the file of the 2nd respondent with a direction to complete the investigation within the period that may be stipulated by this Court.

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For Petitioner : M/s. M.Ramanujam For Respondent : M/s. B. Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed to withdraw the case in Crime No.124 of 2022 from the file of 3rd respondent and transfer the same to the file of the 2nd respondent with a direction to complete the investigation within the period that may be stipulated by this Court.

2. The petitioner is the de-facto complainant, who has preferred a complaint before the third respondent on the ground that on the false promise given by the accused person, the petitioner's daughter was forcibly taken by the accused and the complaint was registered in Crime No.124/2022 for offences under Sections 147, 148, 294(b), 354a, 323 and 506(II) IPC and Section 11(i) of POCSO Act and Section 4 of Tamil Nadu Prohibition of Women Harassment Act. Though the case was registered in the year 2021, the respondent police had not conducted the investigation and hence, the petitioner is before this court with this petition.

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3.When the matter was taken up for hearing, the learned Additional Public Prosecutor would submit that during the pendency of this petition, the respondent police conducted investigation and the case was closed as Mistake of Fact.

4.In view of the above, this petition is disposed of with liberty to the petitioner to work out his remedy in the manner known to law. 05.02.2024 RR TO

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Deputy Superintendent of Police, Dindigul District, Dindigul.

3. The Sub Inspector of Police, Natham Police Station, Dindigul District.

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M.DHANDAPANI. J RR

ORDER

IN CRL OP(MD) No.8018 of 2022 Date : 05.02.2024 4/4