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Madras High CourtCRL OP(MD)/9267/2016closed

U. Sellamani v. The Superintendent Of Police

2016-06-24Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2016

CORAM:

THE HONOURABLE DR. JUSTICE S.VIMALA Crl.O.P.(MD).No.9267 of 2016 U.Seela Mani .. Petitioner/Defacto Complainant Vs.

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

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

(Crime No.326 of 2013)

3. The Inspector of Police, C.B.C.I.D. Wing, Tirunelveli District.

.. Respondents/Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to transfer the investigation in Crime No.326 of 2013 from the file of the 2nd respondent to the file of the 3rd respondent and consequently direct the 3rd respondent to conduct reinvestigation of the said FIR in an expeditious manner and to file the final report within a stipulated period. For Petitioner : Mr.R.Anand For respondent : Mr.K.V.Rajarajan, Government Advocate (Criminal side)

ORDER

This application has been filed seeking to transfer the investigation in Crime No.326 of 2013 from the file of the 2nd respondent to the file of the 3rd respondent and consequently to direct the 3rd respondent to conduct reinvestigation of the said FIR in an expeditious manner and to file a final report within a stipulated period.

https://hcservices.ecourts.gov.in/hcservices/ 2.Heard the learned counsel for the petitioner and the learned

Government Advocate (Crl. Side) for the respondents. 3.The learned Government Advocate (Criminal Side), on instructions, would submit that after investigation, already the final report has been filed as mistake of fact before the concerned Court.

4.In view of the fact that the final report has already been filed by the second respondent Police before the concerned Court, the relief sought for by the petitioner cannot be granted. It is open to the petitioner to work his remedy before the appropriate forum in the manner known to law.

5.This Criminal Original Petition is accordingly closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

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

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

(Crime No.326 of 2013)

3. The Inspector of Police, C.B.C.I.D. Wing, Tirunelveli District.

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

GCG TE/DB/ : 13/07/2016 : 2P/5C Crl.O.P(MD)No.9267 of 2016 24.06.2016 https://hcservices.ecourts.gov.in/hcservices/