Madras High CourtCRL OP(MD)/11150/2022dismissed for default

Ilango @ G. Vinaitheerthan v. The Deputy Superintendent Of Police

2023-08-03Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.11150 of 2022 Ilango @ Vinaitheerthan ... Petitioner Vs.

1.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

2.The Inspector of Police, Poolankurichi Police Station, Sivagangai District.

Crime No.28 of 2021.

3.A.Selvam ..Respondents PRAYER : Criminal Original Petition is filed under Section 407 of Cr.P.C, to withdraw the case in Spl.S.C.No.5 of 2022 on the file of the Additional District and Sessions Court for the exclusive trial of the PCR Act Cases, Sivagangai and transfer the same to the file of the II Additional District and Sessions Court for PCR Act cases Tiruchirappalli. 1/4

For Petitioner : No appearance For Respondents : Mr.S.S.Madhavan Government Advocate (Crl.Side) for R1 and R2 Mr.S.M.Anantha Murugan for R3 O RDER This case was earlier listed on 05.07.2023 and on that day, there was no representation for the petitioner. In order to give an opportunity to the petitioner, today the matter was directed to be listed. Today also, there is no representation for the petitioner.

2. It is reported by the learned counsel appearing for the unofficial respondent that the Police have completed the investigation and filed the charge sheet, therefore, this petition filed seeking for transfer of investigation has become infructuous.

3. The learned Government Advocate (criminal side) appearing for the official respondents submits that the charge sheet was taken on file in SPL.S.C.No.5 of 2022 by the learned Additional District and Sessions Judge for the exclusive trial of the PCR Act cases, Sivagangai. 2/4

4. Considering the circumstances, it appears that the petitioner is not interested in prosecuting this petition. Therefore, this Criminal Original Petition is dismissed as default.

Index : Yes/No 03.08.2023 Internet : Yes/No ssb To 1.The Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

2.The Inspector of Police, Poolankurichi Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

DR.D.NAGARJUN. J.

ssb 03.08.2023 4/4