Madras High CourtCRL OP(MD)/10722/2018disposed of

C.Alagammal v. The Superintendent Of Police

2018-06-29Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2018

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.10722 of 2018 C.Alagammal ... Petitioner -vs1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Thirukokarnam Police Station, Pudukkottai District.

(Crime No.225 of 2017).

3.The Inspector of Police, C.B.C.I.D., Crime Branch, Pudukkottai District.

... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to transfer the investigation in Crime No.225 of 2017 on the file of the second respondent to the third respondent.

For Petitioner :

Mr.G.Mathavan, For Respondent :

Mr.K.Suyambulinga Bharathi, Government Advocate

ORDER

This petition has been filed praying to transfer the investigation in Crime No.225 of 2017 on the file of the second respondent to the third respondent.

2.The learned Government Advocate appearing for the respondents, on instructions, would submit that in this case investigation was completed and the referred charge-sheet has been filed before the learned Judicial Magistrate No.II, Pudukottai as 'mistake of fact'. He further submitted that RCS notice was also served on the petitioner.

https://hcservices.ecourts.gov.in/hcservices/

3.According to the Government Advocate RCS notice was also served on the petitioner but on verification of records, he is not in a position to find out the date of issuance of RCS notice. 4.The learned counsel appearing for the petitioner would submit that the above said RCS notice was received by the petitioner only on 22.06.2018 and hence, he is not in a position to make his objections on the date of filing of the charge sheet. 5.The learned Government Advocate has no serious objection to make the petitioner's objections before the trial Court from the date of receipt of a copy of the RCS notice.

6.With the above directions, this Criminal Original Petition is disposed of, with liberty to the petitioner to seek his remedy before the concerned Judicial Magistrate Court for making his objections in the manner known to law.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Pudukkottai.

2.The Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Inspector of Police, Thirukokarnam Police Station, Pudukkottai District.

4.The Inspector of Police, C.B.C.I.D., Crime Branch, Pudukkottai District.

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

+1cc to Mr.G.Mathavan, Advocate, SR.No.70485. CRL.O.P.(MD)No.10722 of 2018 29.06.2018 am https://hcservices.ecourts.gov.in/hcservices/ RAM/VR/SAR 2/02.07.2018/2P/7C