Madras High CourtCRL OP(MD)/11161/2021disposed of

P.Ashok Sundar v. The Superintendent Of Police

2021-11-10Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.11161 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.11161 of 2021 P.Ashok Sundar ... Petitioner / Defacto Complainant Vs.

1. The Superintendent of Police, Theni District.

2. The Inspector of Police, DCB, Theni District.

3. The Inspector of Police, Allinagaram police station, Theni District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to transfer the investigation in Crime No.321 of 2019 on the file of the third respondent to the file of the second respondent.

For Petitioner : Mr.C.Muthusaravanan For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

This criminal original petition has been filed for transfer of investigation. The petitioner herein is the defacto complainant in Crime No.321 of 2019 on the file of Allinagaram police station.

2. When the matter was taken up for hearing, it was submitted by the learned counsel on either side that the petitioner is no more. The learned Additional Public Prosecutor would add that the police have filed final report dropping further action in the matter. However, copy of the report has not been furnished to the petitioner.

3. Since the petitioner is no more, the third respondent is directed to serve a copy of the final report dropping further action in the matter on the son or the wife of the petitioner. The petitioner's counsel states that the petitioner's son would go to the third respondent police station in a few days and receive the copy. Thereafter, the third respondent is directed to file final report before the jurisdictional Court within a period of two weeks from the date of receipt of a copy of this order. The jurisdictional Court is also directed to issue notice to the petitioner's son. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.11161 OF 2021 petitioner's son would of course be entitled to file his protest petition. Thereafter, it is for the jurisdictional Court to take a call in the matter.

4. With these observations, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, Theni District.

2. The Inspector of Police, DCB, Theni District.

3. The Inspector of Police, Allinagaram police station, Theni District.

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

Crl.O.P.(MD)No.11161 of 2021 10.11.2021 SJ(CO) KB(23.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2