Madras High CourtCRL OP(MD)/9216/2021dismissed as infructuous

S.Raghavan v. The Commissioner Of Police

2021-08-12Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9216 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9216 of 2021 S.Raghavan ... Petitioner/Defacto Complainant Vs.

1.The Commissioner of Police, Madurai City, Madurai 2.The Inspector of Police, Land Anti-Corruptiion, Commissioner Office, Madurai 3.The S.P.-CBCID, Chennai.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the enquiry pending on the file of the second respondent on the basis of the complaint dated 05.03.2021 lodged by the petitioner to the third respondent or any other indigent agency and further direct them to conduct impartial enquiry in accordance with law.

For Petitioner : Mr.P.Ganapathy Subramanian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the second respondent to transfer the investigation to some other agency or to the third respondent.

2. When the matter was taken up for hearing on 13.07.2021, the learned Additional Public Prosecutor submitted that enquiry was undertaken in C.P.No.264 of 2021 and during the course of enquiry it was found that there is no truth in the complaint and so it was closed on 29.07.2021 as ''action dropped''. He would further submit that a copy of the closure report has also been sent through post. On that ground, the learned counsel for the petitioner was required to get instruction from the petitioner.

3. Today, the learned counsel for the petitioner would submit that so far no such closure report has been received by the petitioner. Let the petitioner collect the closure report's copy https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9216 of 2021 from the learned Additional Public Prosecutor. Since the matter has been closed as action dropped, the petitioner is at liberty to work out his remedy through appropriate proceedings before the concerned court.

4. Since the prayer in this petition has become infructuous, this petition is dismissed as infructuous with the above liberty. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Commissioner of Police, Madurai City, Madurai 2.The Inspector of Police, Land Anti-Corruptiion, Commissioner Office, Madurai 3.The S.P.-CBCID, Chennai.

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

Crl.O.P.(MD)No.9216 of 2021 12.08.2021 RD(19.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2