Madras High CourtCRL OP(MD)/13308/2021dismissed as infructuous

Mariappan v. The Principal Secretary To Government

2023-09-13Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2023

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL and Crl.M.P.(MD)No.6886 of 2021 Mariappan ... Petitioner Vs.

1.The Principal Secretary, Home Department Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Director General of Police (L&O), Dr.Rathakrishnan Salai, Mylappore, Chennai-600 004.

3.The Joint Director, Central Bureau of Investigation, Shastri Bhavan, Chennai-6.

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4.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

6.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

7.Rajeshkannan 8.Keerthivasan 9.Singaravelan 10.Suthakar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first and second respondents to withdraw the investigation in Crime No.759 of 2021 dated 17.06.2021 on the file of the sixth respondent police and transfer the same to the third respondent for conducting a fair and proper investigation based on the petitioner's representation dated 16.08.2021. For Petitioner : Mr.M.Seenisulthan For R1, R2, R4 to R6 : Mr.R.M.Anbunithi, Additional Public Prosecutor 2/6

For R3 : Mr.N.Mohideen Basha

ORDER

This Criminal Original Petition has been filed to direct the first and second respondents to withdraw the investigation in Crime No.759 of 2021 dated 17.06.2021 on the file of the sixth respondent police and transfer the same to the third respondent for conducting a fair and proper investigation based on the petitioner's representation dated 16.08.2021. 2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the official respondents has represented that investigation in this case was completed and charge sheet also filed and the same was taken on file in S.C.No.349 of 2022 by the Principal District and Sessions Court, Thanjavur. Therefore, the prayer sought for in this petition has become infructuous. 3.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition stands dismissed as 3/6

infructuous. The petitioner is at liberty to challenge the final report. Consequently connected miscellaneous petition is closed. 13.09.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns 4/6

To 1.The Principal Secretary, Home Department Government of Tamil Nadu, Fort St.George, Chennai-600 009.

2.The Director General of Police (L&O), Dr.Rathakrishnan Salai, Mylappore, Chennai-600 004.

3.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvidaimaruthur, Thanjavur District.

5.The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

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

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P. DHANABAL ,J.

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