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Madras High CourtCRL OP(MD)/5860/2024closed

Appu @ Muthusubramanian v. The Superintendent Of Police

2024-07-10Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.5860 of 2024 Appu @ Muthusubramanian ... Petitioner Vs

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

2. The Inspector of Police, Chinna Dharapuram Police Station, Karur District.

Crime No.172 of 2013.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents to transfer the investigation in Crime No. 172 of 2013 on the file of the second respondent to the first respondent. For Petitioner : Mr. N.Edwin Jeyakumar For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl.Side) 1/5

O R D E R

This criminal original petition has been filed seeking a direction to the respondent police to transfer the investigation in Crime No.172 of 2013, pending on the file of the second respondent to the file of the first respondent.

2.The learned Government Advocate (Crl.Side) submits that the investigation in Crime No.172 of 2013 has already been completed and final report has also been filed before the concerned Magistrate as 'further action dropped' in the year 2015.

3.The learned Counsel for the petitioner submits that this case was registered in the year 2013 and the respondent police has closed the complaint as action dropped by forging the petitioner's signature. 4.In reply, the learned Government Advocate (Crl.Side) submits that based on the direction of the trial Court, RCS notice was also served to the defacto complainant on 21.03.2024.

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5.The learned Counsel appearing for the petitioner disputed the same. 6.Considering the rival submissions made, this criminal original petition is disposed of with a direction to the respondent police to send a copy of the final report and RCS notice to the petitioner, within a period of two weeks, from the date of receipt of a copy of this order, through Registered Post. The petitioner is at liberty to challenge the final report, if he is having any valid ground, by filing a protest petition before the concerned Magistrate, within a period of two weeks, thereon. 10.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR 3/5

To

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

2. The Inspector of Police, Chinna Dharapuram Police Station, Karur District.

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

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B.PUGALENDHI , J.

LR CRL.O.P (MD) No.5860 of 2024 10.07.2024 5/5