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Madras High CourtCRL OP(MD)/11099/2022dismissed

Rajakannu v. The Superintendent Of Police

2024-02-07Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Rajakannu ... Petitioner/Defacto complainant Vs.

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

2.The Inspector of Police, Alangudi Police Station, Pudukkottai District.

3.The Inspector of Police, CBCID, Pudukkottai District.

... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to transfer the investigation in Crime No.65 of 2022 on the file of the second respondent to the third respondent.

For Petitioner : M/s.C.Geetha for Mr.R.Maheswaran For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.65 of 2022 on the file of the second respondent to the third respondent.

2.The case of the petitioner is that the accused persons damaged the petitioner's agricultural motors by setting fire and thereby, the petitioner made a complaint before the second respondent police and the second respondent police registered as a case in Crime No.65 of 2022 for the offences under Sections 436 and 506(i) of IPC. Since the investigation was not conducted in a proper manner, the present petition is filed.

3.When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that during the pendency of this petition, the second respondent police have completed the investigation and referred the case as 'Mistake of Fact' on 07.03.2022. Hence, nothing survives for further adjudication in this case. 2/4

4.In view of the above, this Criminal Original Petition is dismissed with liberty to the petitioner to file a proper petition before the concerned Court as against the order passed by the second respondent police. Index : Yes/No 07.02.2024 Internet : Yes/No NCC : Yes/No Sji To 1.The Superintendent of Police, Pudukkottai, Pudukkottai District.

2.The Inspector of Police, Alangudi Police Station, Pudukkottai District.

3.The Inspector of Police, CBCID, Pudukkottai District.

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

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M.DHANDAPANI, J.

Sji 07.02.2024 4/4