Madras High CourtCRL OP(MD)/12420/2021dismissed as infructuous

Parameshwaran v. The Superintendent Of Police

2021-09-22Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Parameshwaran ... Petitioner / Complainant Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 3.The Inspector of Police, Kennikarai Police Station, 4.The Inspector of Police, CBCID, ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation of the complaint given by the petitioner which is registered in Crime No.644 of 2021 on the file of the second respondent police to the fourth respondent herein and to file a final report before the concerned court within the time stipulated by this Court.

For Petitioner : Mr.J.Vishnu For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

O R D E R

This petition has been filed seeking transfer of investigation in Crime No. 644 of 2021 from the file of the second respondent to the file of the fourth respondent herein.

2. When the matter was taken up on 27.08.2021, the learned Additional Public Prosecutor was required to file a status report. On that ground, the matter was listed today.

3. Today, the learned Additional Public Prosecutor would submit that investigation has been completed and final report is also filed 1/3

as 'mistake of fact' before the Special Court for SC/ST cases, Ramanathapuram on 18.08.2021 and referred charge sheet notíce has also been served upon the petitioner.

4. However, the learned counsel for the petitioner would submit that apprehending this sort of action, the petitioner has filed this petition seeking transfer of investigation. He would also submit that the present petition is filed on 24.08.2021 and taken on file on 25.08.2021. The contention of the petitioner is that during the pendency of this petition, the respondent police has hurried to complete the investigation and file a final report as mistake of fact and the same is not correct. Since the complaint has been closed, the petitioner is at liberty to work out his remedy through appropriate proceedings before the concerned court.

4. With the above said liberty, this petition is dismissed as infructuous.

Sd/- Assistant Registrar(CS-I) // 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

4.The Inspector of Police, CBCID,

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

22.09.2021 ARK(CO) TR(27.09.2021) 3P 6C 3/3