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Madras High CourtCRL OP(MD)/12422/2021disposed of

Muthukumar v. The Commisioner Of Police

2021-09-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.12422 of 2021 Muthukumar ... Petitioner Vs.

1.The State represented by The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Deputy Commissioner of Police, Traffic Investigation Wing, Tirunelveli City, Tirunelveli.

3.The Deputy Commissioner of Police, Law and Order, Tirunelveli City, Tirunelveli.

4.The Deputy Superintendent of Police, Law and Order, Palayamkottai Sub Division, Tirunelveli District.

5.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City and District.

6.The Inspector of Police, Traffic Investigation Wing, Tirunelveli City. 7.The Superintendent of Police, CBCID Wing, South Zone, Chennai.

8.The Deputy Superintendent of Police, CBCID Wing, Palayamkottai, Tirunelveli District.

9.The Inspector of Police, CBCID Wing, Tirunelveli District, Tirunelveli.

.. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the respondents to investigate in connection with Crime No.314 of 2019 on the file of the 6th respondent/The Inspector 1/3

of Police, Traffic Investigation Wing, Tirunelveli District, investigating by the 4th and 5th respondents to be withdrawn and transfer to the 8th and 9th respondents for effective investigations in accordance with law and file the report as against the offenders forthwith before the Court concerned.

For Petitioner : No appearance For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This petition is filed seeking transfer of investigation from the file of the respondents 4 and 5 to the file of the respondents 8 and 9.

2.When the matter was taken up for hearing on 27.08.2021, the learned Additional Public Prosecutor appearing for the respondents has submitted that during the course of enquiry, it was found that it was a self accident. On that basis, it came to be closed on 10.09.2020. RCS notice was also served upon the complainant. For the purpose of circulating a copy of the RCS notice, the matter has been ordered to be listed today under the caption for final disposal. 3.When the matter is taken up for hearing today, there is no representation for the petitioner.

4.A copy of the closure report is circulated to this Court, wherein, it has been stated that RCS notice has been served upon the petitioner on 20.09.2021 by the learned Judicial Magistrate-I, Tirunelveli, which was also received by the petitioner herein. 5.Since closure report has been filed before the concerned Court, liberty is granted to the petitioner to workout his remedy by filing proper protest petition before the concerned Court. 6.With the aforesaid liberty, this petition is disposed of as infructuous.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 2/3

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, Tirunelveli City, Tirunelveli.

2.The Deputy Commissioner of Police, Traffic Investigation Wing, Tirunelveli City, Tirunelveli.

3.The Deputy Commissioner of Police, Law and Order, Tirunelveli City, Tirunelveli.

4.The Deputy Superintendent of Police, Law and Order, Palayamkottai Sub Division, Tirunelveli District.

5.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City and District.

6.The Inspector of Police, Traffic Investigation Wing, Tirunelveli City.

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

24.09.2021 RD/PM(10.11.2021) 3P 8C 3/3