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Madras High CourtCRL OP(MD)/8980/2020closed

Kumaravadivel v. The Superintendent Of Police

2020-08-27Honourable Mr Justice R. Pongiappan2 pages

CRL OP(MD)No.8980 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN CRL OP(MD)No.8980 of 2020 Kumaravadivel ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai 2.The Deputy Superintendent of Police, Keeranur Sub Division, Pudukkottai District.

3.The Inspector of Police, Mathur Police Station, Pudukkottai District.

... Respondents PRAYER: Petition filed under Section 482 of Criminal Procedure Code, to transfer the enquiry conducted by the 3rd respondent on the basis of the complaint lodged by the petitioner on 07.08.2020 to the competent officer to investigate the same as per the special enactment.

For Petitioners : Mr.P.Ganapathi Subramanian For Respondents : Mr.S.Chandrasekar Addl.Public Prosecutor

O R D E R

This Criminal Original Petition has been filed, seeking a direction, to direct the first respondent police to transfer the enquiry conducted by the 3rd respondent, on the basis of the complaint given by the petitioner, dated 07.08.2020, to the competent officer to enquire the same, as per the special enactment.

2. Heard Mr.P.Ganapathi Subramanian, the learned counsel appearing for the petitioner and Mr.S.Chandrasekar, the learned Additional Public Prosecutor appearing for the respondent Police.

3. The learned Additional Public Prosecutor, appearing for the respondent police, on instructions, would submit that based on the complaint given by the petitioner, the 3rd respondent Police conducted an enquiry and it was found out that the same relates to usage of pathway in the village in which both the petitioner and other persons are residing. He would further submit that after due https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD)No.8980 of 2020 enquiry, report has been sent to the Revenue Divisional Officer, Illuppur, for taking appropriate action under Section 145 of Cr.P.C. By complying the request made by the 3rd respondent, the Revenue Divisional Officer, Illuppur, took cognizance in which the petitioner is arrayed as "A" party.

4. In view of the submission made by the learned Additional Public Prosecutor, no further orders is necessary in this petition. Accordingly, this Criminal Original Petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) MPK 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, Pudukkottai 2.The Deputy Superintendent of Police, Keeranur Sub Division, Pudukkottai District.

3.The Inspector of Police, Mathur Police Station, Pudukkottai District.

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

CRL OP(MD)No.8980 of 2020 27.08.2020 SPU (08.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2