Madras High CourtCRL OP(MD)/10861/2018closed

Daniel Gnanadurai v. The Superintendent Of Police

2019-06-10Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 10.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.10861 of 2018 and Crl.M.P.(MD).No.4907 of 2018 Daniel Gnanadurai ... Petitioner -Vs1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

(In Crime No.62 of 2018) 3.The Inspector of Police, CBCID, Thoothukudi, Thoothukudi District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.62 of 2018 dated 17.06.2018 on the file of the second respondent to the third respondent, on the basis of the petitioner's representation, dated 23.06.2018.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

The criminal original petition has been filed seeking to transfer the investigation in Crime No.62 of 2018, dated 17.06.2018 on the file of the second respondent to the third respondent, on the basis of the petitioner's representation, dated 23.06.2018. https://hcservices.ecourts.gov.in/hcservices/

2. The learned Government Advocate (Crl.side) on instructions would submit that after investigation, the second respondent police has closed the complaint as "Mistake of Fact" and the final report has been filed before the concerned Magistrate.

3. In the above circumstances, the prayer sought for by the petitioner cannot be granted. Hence, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. If at all the petitioner has any grievance against the negative final report, it is open to him to file a protest petition in the manner known to law.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.

3.The Inspector of Police, CBCID, Thoothukudi, Thoothukudi District.

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

Crl.O.P.(MD).No.10861 of 2018 10.06.2019 CS: (24/06/2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/