A.K.Manjula v. The Additional Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 23.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD)No.5747 of 2023 A.K.Manjula ... Petitioner/3rd Party (Wife of the Accused) vs.

1.The Additional Director General of Police, CBCID, SIDCO Electronic Complex, Block No.3, 1st Floor Guindy Industrial Estate, Chennai-32.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Deputy Superintendent of Police, CBCID, Madurai.

4.The Inspector of Police, S.S.Colony Police Station, Madurai.

(Crime No.314 of 2023) 5.The Inspector of Police, Thilagar Thidal Police Station, Madurai District.

... Respondents/Complainants PRAYER : This Criminal Original Petition has been filed under Section 482 of Cr.P.C., to withdraw the investigation in Crime No.314 of 2023 pending on the file of the fourth respondent police and entrust the same to the third respondent with a direction to investigate the matter in accordance with law and consequently to direct the first respondent to monitor the same.

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For Petitioner : Mr.M.Ajmal Khan Senior Counsel for M/s. Ajmal Associates For Respondents : Mr.Veerakathiravan Additional Advocate General assisted by Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to withdraw the investigation in Crime No.314 of 2023 pending on the file of the fourth respondent police and entrust the same to the third respondent with a direction to investigate the matter in accordance with law and consequently to direct the first respondent to monitor the same. 2.The learned Additional Advocate General appearing for the respondents would submit that while pending this petition, the fourth respondent has completed the investigation and filed the final report and the same has been taken cognizance in C.C.No.357 of 2023 on the file of the learned Principal District and Sessions Judge, NDPS Court, Madurai and as of now, no investigation is pending on the file of the fourth respondent.

3.It is seen that while granting bail to the petitioner, this Court directed the Inspector General of Police, South Zone, Madurai to conduct 2/5

enquiry and filed a report with regard to foisting a false case as against the petitioner. Now the Inspector General of Police, South Zone, Madurai, has completed the enquiry and submitted a report before this Court and this Court issued suitable directions to the disciplinary authority in order to take appropriate action as against the erred officials for registering the false case as against the petitioner. Insofar as the transfer of the investigation is concerned, the investigation has been completed and the final report has already been filed and the same has been taken cognizance by the trial Court. It is also seen that the petitioner has already challenged the entire proceedings pending in C.C.No.357 of 2023 on the file of the learned Principal District and Sessions Judge, NDPS Court, Madurai in Crl.O.P.(MD)No.11051 of 2023 and it is pending before this Court. Therefore, the prayer sought for in this petition has become infructuous.

4.In view of the same, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. 23.06.2023 sji NCC: Yes/No Index: Yes/No Internet: Yes/No 3/5

To 1.The Additional Director General of Police, CBCID, SIDCO Electronic Complex, Block No.3, 1st Floor Guindy Industrial Estate, Chennai-32.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Deputy Superintendent of Police, CBCID, Madurai.

4.The Inspector of Police, S.S.Colony Police Station, Madurai.

(Crime No.314 of 2023) 5.The Inspector of Police, Thilagar Thidal Police Station, Madurai District.

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

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G.K.ILANTHIRAIYAN , J.

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