Madras High CourtCRL OP(MD)/12928/2020dismissed as infructuous

Sam Simon Kumar v. The Inspector Of Police

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No.12928 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No.12928 of 2020 Sam Simon Kumar ... Petitioner Vs

1. The Superintendent of Police, Kanyakumari District, at Nagercoil.

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

(Crime No.499 of 2020) ... Respondents PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to transfer the investigation of Crime No. 499 of 2020 from the file of 2nd respondent to some other unbiased police or competent agency to conduct fair and impartial investigation to accordance with law.

For Petitioners : Mr.A.Balakrishnan For Respondent : Mr.B.Thanga Aravindh R1 & R2 Government Advocate (Criminal Side)

ORDER

The Criminal Original Petition has been filed to to transfer the investigation of Crime No.499 of 2020 from the file of second respondent to some other unbiased police or competent agency to conduct fair and impartial investigation in accordance with law.

2. The learned Government Advocate (Criminal Side) would submit that the second respondent police completed investigation in Crime No. 499 of 2020 and closed as 'mistake of fact'.

3. Therefore, the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. However, the petitioner is at liberty to file protest petition.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12928 of 2020 PNM 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, Kanyakumari District, at Nagercoil.

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

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

+1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-13112[F] dated 21/03/2022 ) CRL OP(MD). No.12928 of 2020 Date : 18/03/2022 KG(CO) KB(01.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2