Mayalagu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Mayalagu ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Sub Inspector of Police, Manamadurai Town Police Station, Sivagangai District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to transfer the investigation on the petitioner's complaint dated 11.05.2023 to some other investigation agency by considering the petitioner's representation dated 29.05.2023. 1/4

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.SS.Madhavan Government Advocate (Crl.side) O RDER This petition is filed seeking for a direction to the first respondent police to transfer the investigation in respect of the complaint dated 11.05.2023 to some other investigation agency.

2.The learned Government Advocate (Crl.side) submits that on considering the representation given by the petitioner/defacto complainant dated 11.05.2023, the police have registered the same as CSR.No.1080 of 2023 and after making an enquiry, the police have closed the representation and that it was also intimated to the defacto complainant. A copy of the postal receipt is filed, which is become part of the record.

3.Once the police have completed the enquiry in respect of the representation of the petitioner by registering the CSR, in case if the petitioner is still aggrieved, the remedy available to him is to approach the appropriate criminal Court and file a complaint under Section 200 Cr.P.C., Since the 2/4

complaint dated 11.05.2023 has already been closed, this petition becomes infructuous, thereby dismissed as infructuous. The petitioner is at liberty to approach the appropriate criminal Court for filing a complaint under Section 200 Cr.P.C.

Speaking : Yes / No 06.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Sub Inspector of Police, Manamadurai Town Police Station, Sivagangai District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.12190 of 2023 06.07.2023 4/4