Madras High CourtCRL OP(MD)/9821/2019dismissed as infructuous

R. Therasa Angel v. The Superintendent Of Police

2021-11-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.9821 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.9821 of 2019 R.Thresa Angel ... Petitioner Vs.

1.The Superintendent of Police, Nagercoil.

2.The Inspector of Police, Kulasekharam Police Station, Kanyakumari District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue necessary direction to change the investigation to the 1st respondent or any other competent authority from the file of the 2nd respondent in Crime No.9 of 2019 and to investigate the same.

For Petitioner : No appearance For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to change the investigation to the 1st respondent or any other competent authority from the file of the 2nd respondent in Crime No.9 of 2019 and to investigate the same.

2.When the matter is taken up for hearing, there is no representation for the petitioner.

3.The learned Additional Public Prosecutor would submit that investigation in this case has been completed and Final Report was also filed on 20.12.2020, before the Judicial Magistrate No.I, Kulithurai and the same is yet to be taken on file.

4.Recording the submission made by the learned Additional Public Prosecutor that Final Report has already been filed, on completion of investigation, nothing survives for further https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9821 of 2019 adjudication or direction in this petition. However, though the Final Report was filed on 20.12.2020 and the same has not been taken on file so far, there shall be a direction to the learned Judicial Magistrate No.I, Kulithuri, to take the Final Report on file forthwith and send the compliance report to the Registry, after completing the process of taken on file. 5.With the above direction, this Criminal Original Petition is disposed of as infructuous.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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 Judicial Magistrate No.I, Kulithuri.

2.The Superintendent of Police, Nagercoil.

3.The Inspector of Police, Kulasekharam Police Station, Kanyakumari District.

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

Copy to The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.F.DEEPAK, Advocate ( SR-34041[F] dated 11/11/2021 ) Crl.O.P.(MD)No.9821 of 2019 09.11.2021 RK/SKN(24/11/2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2