Madras High CourtCRL OP(MD)/11588/2019disposed of

M.Chinna Irulan v. The Superintendent Of Police

2019-08-21Honourable Mr Justice V. Bharathidasan2 pages

Crl.O.P.(MD)No.11588 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.11588 of 2019 M.Chinna Irulan ... Petitioner Vs.

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

2.The Sub-Inspector of Police, Maraneri Police Station, Maraneri, Virudhunagar District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to hand over the entire investigation of the case in Crime No.104 of 2018 dated 27.06.2018 to any other independent investigating agency under supervision of the first respondent and direct them to file final report within the period stipulated by this Court.

For Petitioners : Mr.S.Selvakumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed to transfer the investigation of the cae in Crime No.104 of 2018 pending on the file of the second respondent.

2. According to the petitioner / defacto complainant, based on the complaint given by him a case in Crime No.104 of 2018 was registered for the offences punishable under Sections 447 and 379 IPC. Even though the case was registered in 2018, so far no investigation is conducted and the second respondent is also not interested in investigating the case of the petitioner. Hence, the petitioner has filed the present petition.

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Crl.O.P.(MD)No.11588 of 2019

3. Today, when the matter was taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the first respondent, on instructions, would submit that entire investigation in this case is over and the respondent police is awaiting for a report from the Mines Department. Once the report is received, the respondent police will file the final report.

4. Considering the fact that already investigation is over on the complaint filed by the petitioner and final report is also going to be filed by the respondent police, at this stage, the prayer as such sought for by the petitioner in the present petition need not be granted. Accordingly, this Criminal Original Petition is dismissed. However, the respondent police is directed to file a final report within a period of one month from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Sub-Inspector of Police, Maraneri Police Station, Maraneri, Virudhunagar District.

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

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