Madras High CourtCRL OP(MD)/1426/2018dismissed as infructuous

V.Gurusamy, S/O.R.Vellaichamy v. The Superintendent Of Police,

2019-09-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P.(MD).No.1426 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.1426 of 2018 V.Gurusamy ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Puliyangudi, Tirunelveli District.

3.The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

4.The Deputy Superintendent of Police, CBCID, Tirunelveli Range, Tirunelveli.

..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation of the case registered in Crime No.217 of 2015, on the file f the third respondent to the fourth respondent for investigation in accordance with law.

For Petitioner : Mr.K.Baalasundharam For Respondents: Mr.R.Anandharaj, Additional Public Prosecutor

O R D E R

This Criminal Original Petition is filed to transfer the investigation in Crime No.217 of 2015, from the file of the third respondent to the file of fourth respondent for investigation. 2.The learned Additional Public Prosecutor appearing for the respondents would submit that in respect of Crime No.217 of 2015, the respondent police already completed the investigation and closed the same as 'mistake of fact' and also served the RCS notice to the defacto complainant.

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CRL.O.P.(MD).No.1426 of 2018 3.As against which, the petitioner filed a protest petition before the learned District Munsif cum Judicial Magistrate, sivagiri and the same was dismissed for default by an order dated 02.04.2018 and FIR was also closed. As against which, the defacto complainant preferred a revision in Crl.R.C.(MD)No.245 of 2019, which is pending before this Court.

4.In view of the fact that as of now, there is no case is pending on the file of the third respondent, this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Puliyangudi, Tirunelveli District.

3.The Inspector of Police, Vasudevanallur Police Station, Tirunelveli District.

4.The Deputy Superintendent of Police, CBCID, Tirunelveli Range, Tirunelveli.

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

CRL.O.P.(MD).No.1426 of 2018 04.09.2019 CS(19.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2