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Madras High CourtCRL OP(MD)/13126/2021dismissed as infructuous

V. Rama Subbu v. The Inspector Of Police

2021-09-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13126 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13126 of 2021 V.Rama Subbu ... Petitioner / De-facto complainant Vs.

1. The Inspector of Police, Junction Police Station, Tirunelveli City.

Crime No. 781 of 2017

2. The Inspector of Police, C.B. C.I.D, Tirunelveli District.

... Respondents / Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation of the FIR in Crime No.781 of 2017 from the file of the 1st respondent to the file of the 2nd respondent so as to continue with the same.

For Petitioner : Mr.R.Anand For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor (Crl. Side)

O R D E R

This petition is filed seeking transfer of investigation in Crime No. 781 of 2017 from the file of the first respondent to the file of the second respondent.

2. When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that after investigation, the closure report has been filed before the concerned court as 'mistake of fact' on 23.02.2018 itself.

3. The learned counsel for the petitioner would submit that it is a case and counter and closure report and referred charge sheet notice have not been received so far.

4. Let referred charge sheet notice be served upon the petitioner by the learned Additional Public Prosecutor. The petitioner is at liberty to workout his remedy through appropriate proceedings.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13126 of 2021

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

Sd/- Assistant Registrar (AE) // 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

1. The Inspector of Police, Junction Police Station, Tirunelveli City.

2. The Inspector of Police, C.B. C.I.D, Tirunelveli District.

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

Crl.O.P.(MD)No.13126 of 2021 23.09.2021 RK(1.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2