Madras High CourtCRL OP(MD)/8603/2021disposed of

Lukefabian D Silva v. The Superintendent Of Police

2021-07-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8603 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8603 of 2021 Luke Fabian D.Silva ... Petitioner Vs.

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

2.The Inspector of Police, Dhermal Nagar Police Station, Thoothukudi District.

(In Crime No.33 of 2018) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to change the investigation of FIR in Crime No.33 of 2018 on the file of the 2nd respondent to some other competent authority and also make a proper investigation in accordance with law. For Petitioner : Ms.Karpagasaravana Priya.S For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor

ORDER

This petition is filed to transfer the investigation in Crime No.33 of 2018 from the file of the second respondent to any other police officer.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that on verification it was found that the petitioner is not residing in the address given in the complaint and after investigation it was found that due to factual mistake, the complaint has been given. On that ground, it was closed on 09.02.2021 and the closure report is also served upon the petitioner.

3.Since the FIR has been closed, the petitioner has to workout his remedy before appropriate forum through appropriate proceedings.

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Crl.O.P.(MD)No.8603 of 2021 4.With this liberty to the petitioner, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 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, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Dhermal Nagar Police Station, Thoothukudi District.

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

Crl.O.P.(MD)No.8603 of 2021 01.07.2021 CN(12.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2