Madras High CourtCRL OP(MD)/15277/2020dismissed

Manikalai v. The Superintendent Of Police

2022-03-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD). No. 15277 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD). No.15277 of 2020 and CRL. M.P(MD)No. 7384 of 2020 Manikalai

...Petitioner/Petitioner

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Deputy Superintendent Office, Thirumangalam Circle, Madurai.

3. The Inspector of Police, Austinpatti Police Station, Austinpatti, Madurai District.

(Crime No.1747 of 2020) 4.S.Sivakumar

...Respondents/Respondents

PRAYER :- These Criminal Original Petitions filed under Section 482 Cr.P.C. to direct the 1st Respondent to withdraw the investigation of the case in Crime No.1747 of 2020 on the file of 3rd Respondent and transfer the same to any other competent investigation Officer or agency and file a final report before the concern Jurisdictional Magistrate Court within the time frame fixed by this court. For Petitioner : Mr.M.Palani For Respondents : Mr. K.Sanjai Gandhi Government Advocate (Criminal Side) for R1 to R3

ORDER

This Criminal Original Petition has been filed to direct the 1st Respondent to withdraw the investigation of the case in Crime No.1747 of 2020 on the file of 3rd Respondent and transfer the same to any other competent investigation Officer or agency and file a final report before the concern Jurisdictional Magistrate Court within the time frame fixed by this court.

2. Today when the matter is taken up for hearing the learned Government Advocate(Crl.side) would submit that based on the complaint given by the defacto complainant the respondent police https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD). No. 15277 of 2020 conducted enquiry in Crime No.1747 of 2020 and filed a charge sheet before the learned Additional Sessions Judge, Madurai. 3.Since there was no investigation pending on the file of the third respondent, the transfer of investigation does not arise. Therefore, the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed and the petitioner is at liberty to approach the concerned court by way of protest petition in the manner known to law. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 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 Additional Sessions Judge, Madurai.

2. The Superintendent of Police, Madurai District, Madurai.

3. The Deputy Superintendent of Police, Deputy Superintendent Office, Thirumangalam Circle, Madurai.

4. The Inspector of Police, Austinpatti Police Station, Austinpatti, Madurai District.

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

CRL OP(MD). No. 15277 of 2020 and CRL MP(MD)No.7384 of 2020 Date : 31/03/2022 MGJ(11.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2