Kumaravel v. The Superintendent Of Police

Crl.O.P.(MD)No.8652 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8652 of 2020 Kumaravel ... Petitioner Vs.

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

2.The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

3.The Inspector of Police, CBCID, Tirunelveli.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in Crime No.94 of 2019 on the file of the second respondent to third respondent or any other competent authority.

For Petitioner : Mr.V.Sasikumar For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to the first respondent police to withdraw the investigation in Crime No.94 of 2019, on the file of the second respondent and entrust the same to the third respondent or to any other competent authority, for the purpose of fair investigation.

2.Today, when the petition is came up for hearing, the learned Additional Public Prosecutor appearing on behalf of the respondents 1 to 3, on instructions, would submit that for the alleged occurrence now stated by the petitioner, the second respondent police herein registered a case in Crime No.94 of 2019 for the offence under Section 174 of Cr.P.C. He would further submit that after completing the investigation, final report has also been filed before the learned Judicial Magistrate, Nanguneri, on 30.07.2019 itself.

3.The said submission of the learned Additional Public Prosecutor is recorded.

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Crl.O.P.(MD)No.8652 of 2020 4.In this regard, the learned counsel appearing for the petitioner would submit that at the time of filing the final report, the petitioner herein had not been informed by the second respondent about the completion of investigation. Therefore, in the said circumstances, it is necessary to issue the following directions to the second respondent police as well as to the petitioner herein. 5.The second respondent is directed to serve a copy of the closure report to the petitioner within a period of two weeks from the date of receipt of copy of this order. Upon receipt of the same, the petitioner is at liberty to approach the competent authority, for further action.

6.With the above observations, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 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, Tirunelveli,Tirunelveli District.

2.The Inspector of Police, Thirukurungudi Police Station, Tirunelveli District. 3.The Inspector of Police, CBCID, Tirunelveli 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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