Madras High CourtCRL OP(MD)/8748/2021dismissed as infructuous

Kadavul v. The Director General Of Police

2021-08-05Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8748 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8748 of 2021 Kadavul ... Petitioner Vs.

1.The Director General of Police, O/o Director General Police, Chennai-600 004.

3.The Superintendent of Police, Southern Region, Madurai-2.

3.The Superintendent of Police, Theni District.

4.The Inspector of Police, Theni Police Station, Theni District.

5.The Inspector of Police, CBCID, Samathuvapuram, PTR Road, Theni.

... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Respondents 1 to 3 to transfer the investigation in respect of the FIR in Cr.No.796 of 2021 dated 09.06.2021 on the file of the 4th respondent to the 5th respondent and to file a final report by conducting proper enquiry in accordance with law.

For Petitioner : M/s.R.Karthika for M/s.Right law Associates For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed seeking transfer of investigation, in respect of Crime No. 796 of 2021, from the file of the fourth respondent to the fifth respondent herein. 2.The main grievance of the petitioner is that on the date of complaint itself namely, 29.04.2021, it came to be closed and Closure Report has also been submitted before the concerned Court. 3.But, the learned Additional Public Prosecutor appearing for the respondents would submit that based upon the complaint, given by the petitioner, a case was registered in Crime No.796 of 2021, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8748 of 2021 on 09.06.2021, and the investigation was undertaken and it was closed on 11.06.2021. After completing the investigation, RCS notice has been served upon the petitioner on 13.07.2021 and final report was also filed before the learned Judicial Magistrate, Theni. Hence, nothing survives for further consideration or direction in this petition.

4. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed as infructuous with liberty to the petitioner to work out his remedy by filing protest petition before the concerned Court. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) dss ote :

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 Director General of Police, O/o Director General Police,Chennai-600 004.

2.The Superintendent of Police, Southern Region,Madurai-2.

3.The Superintendent of Police, Theni District.

4.The Inspector of Police, Theni Police Station, Theni District.

5.The Inspector of Police, CBCID, Samathuvapuram, PTR Road, Theni.

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

Crl.O.P.(MD)No.8748 of 2021 05.08.2021 CN(17.08.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2