Madras High CourtCRL OP(MD)/12941/2020dismissed as infructuous

Sam Bennet Sathish v. The Superintendent Of Police

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

CRL OP(MD). No.12941 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.12941 of 2020 Sam Bennet Sathish ... Petitioner Vs

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

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

(Crime No.496/2020) ... Respondents PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to transfer the investigation of Crime No.496 of 2020 from the file of 2nd respondent to some other unbiased police or competent agency to conduct fair and impartial investigation in 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.496 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. 496 of 2020 and also filed final report before the learned Judicial Magistrate No.II, Padmanabhapuram and taken on file as CC No.75 of 2021.

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 challenge the final report.

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

CRL OP(MD). No.12941 of 2020 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.II, Padmanabhapuram.

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

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

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

+1 CC to M/s.K.P.NARAYANAKUMAR, Advocate ( SR-13113[F] dated 21/03/2022 )

ORDER

IN CRL OP(MD). No.12941 of 2020 Date : 18/03/2022 KG(CO) GC(04.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2