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Madras High CourtCRL OP(MD)/14867/2020dismissed as infructuous

Manikandan v. The Superintendent Of Police

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

CRL OP(MD). No.14867 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No.14867 of 2020 Manikandan ....Petitioner / Complainant Vs 1.State rep.by The Superintendent of Police, O/o Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

3. The Inspector of Police, Keelasevalipatti Police Station, Sivagangai District.

....Respondents PRAYER :- These Criminal Original Petition filed under Section 482 Cr.P.C.to direct the 1st Respondent to transfer the investigation in Crime No.161 of 2020 dated 24.11.2020 pending on the file of the 3rd respondent to the 2nd Respondent under the supervision of the 1st respondent.

For Petitioner : Mr.S.Vanchinathan For Respondents : Mr. K.Sanjai Gandhi Government Advocate (Criminal Side)

ORDER

This petition has been filed to direct the 1st Respondent to transfer the investigation in Crime No.161 of 2020 dated 24.11.2020 pending on the file of the 3rd respondent to the 2nd Respondent under the supervision of the 1st respondent.

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 conducted enquiry in Crime No.161 of 2020 and completed the investigation and also filed a charge sheet before the learned Judicial Magistrate, Thirupattur.

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CRL OP(MD). No.14867 of 2020 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. Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) 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 Judicial Magistrate, Thiruppathur.

2. The Superintendent of Police, O/o Superintendent of Police, Sivagangai District.

3. The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

4. The Inspector of Police, Keelasevalipatti Police Station, Sivagangai District.

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

ORDER IN CRL OP(MD).No. 14867 of 2020 Date : 31/03/2022 SA(12.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2