Madras High CourtCRL OP(MD)/7816/2021disposed of

Haji Mohamed v. The Superintendent Of Police

2022-01-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Haji Mohamed ... Petitioner/ Defacto Complainant Vs.

1.The State rep by The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Pudukkottai Town, Pudukkottai.

3.The Inspector of Police, Pudukottai Town Police Station, Pudukkottai.

(Crime No.284 of 2021) 4.The Inspector of Police, CBCID, Pudukkottai Town, Pudukkottai.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent herein to withdraw and transfer the investigation in Crime No.284 of 2021 from the 3rd respondent to any other investigating agency more fully 4th respondent/CBCID herein and to investigate and to file a final report before the concerned Court within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

O R D E R

This criminal original petition has been filed seeking transfer of investigation.

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2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that final report was filed closing the case as mistake of fact on 08.07.2021. The jurisdictional Court shall issue RCS notice to the petitioner and it is open to the petitioner to file a protest petition. On such protest petition being filed, the Court below shall dispose of the same on merits and in accordance with law within a period of four weeks thereafter.

3.With this direction to the Court below and liberty to the petitioner herein, this criminal original petition is disposed of. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.

2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Pudukkottai Town, Pudukkottai.

3.The Inspector of Police, Pudukottai Town Police Station, Pudukkottai.

4.The Inspector of Police, CBCID, Pudukkottai Town, Pudukkottai.

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

04.01.2022 bk(CO) GC(20.01.2022) 3P 6C 3/3