Madras High CourtCRL OP(MD)/13866/2021disposed of

Anand v. The Commissioner Of Police

2021-11-11Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.13866 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.13866 of 2021 Anand ... Petitioner vs.

1. The Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, D2-Sellur Police Station, Sellur, Madurai.

(Crime No.442 of 2021) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to direct the first respondent to withdraw the case in Crime No.442 of 2021 on the file of the second respondent and transfer the same to any other competent investigating officer or agency based on the petitioner's representation dated 13.09.2021. For Petitioner :

Mr.T.Vadivelan For Respondents :

Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed for directing the first respondent to withdraw the case in Crime No.442 of 2021 on the file of the second respondent and transfer it to some other investigating officer.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that final report has been prepared for dropping further action in the matter. The defacto complainant in this case is the mother of the deceased.

3. The second respondent is directed to serve a copy of the final report on the defacto complainant and also file it before the jurisdictional Court within 10 days from the date of receipt of a https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13866 of 2021 copy of this order. The jurisdictional Court shall issue notice to the defacto complainant. The defacto complainant will be at liberty to file a protest petition setting out her objections. It is for the jurisdictional Magistrate to take a call in the matter. Leaving open the petitioner's rights and remedies, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, D2-Sellur Police Station, Sellur, Madurai.

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

+1 CC to M/s.T.VADIVELAN, Advocate ( SR-34340[F] dated 12/11/2021 ) Crl.O.P.(MD)No.13866 of 2021 11.11.2021 SE(CO) TR(29.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2