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Madras High CourtCRL OP(MD)/3690/2018dismissed as infructuous

Jeyalakshmi v. The Director General Of Police

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No. 3690 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No. 3690 of 2018 Jeyalakshmi : Petitioner

Versus

1.The Director General of Police, CBCID Wing, Chennai.

2.The Commissioner of Police, Trichy District, Trichy.

3.The Inspector of Police, Edamalaipattipudur Police Station, Trichy District.

(In Crime No.450 of 2017) : Respondents Prayer: Petition is filed under Section 482 of the Criminal Procedure Code praying to withdraw the case in Crime No.450 of 2017, pending on the file of the third respondent and transfer the same to any other independent agency of officer under the direct supervision of the first respondent.

For Petitioner : Mr.G.Karuppasamy Pandian For Respondents : Mr.K.Suyabmulinga Bharathi Government Advocate (Criminal side)

O R D E R

This Criminal Original Petition has been filed to transfer the case in Crime No.450 of 2017, on the file of the third respondent Police to any other independent agency. 2.It is seen that initially the case has been registered for the offence under Section 174 of the Code of Criminal Procedure and thereafter, it has been altered into one under Section 302 of the Indian Penal Code.

3.Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents, would submit that the third respondent has completed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No. 3690 of 2018 the investigation and filed a final report and the same has been taken cognizance in S.C.No.47 of 2018 on the file of the III Additional District Judge, Trichirappalli.

4.At this juncture, the learned counsel appearing for the petitioner would submit that the main accused persons have not been implicated in this case.

5.Considering the above submission made by the learned counsel appearing for the petitioner, the petitioner is at liberty to invoke the provision under Section 319 of the Code of Criminal Procedure before the concerned trial Court.

6.Recording the said submission made by the learned Government Advocate (Crl. side), since the prayer sought for in this petition has become infructuous, and the same stands dismissed as infructuous.

Sd/- Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To 1.The Director General of Police, CBCID Wing, Chennai.

2.The Commissioner of Police, Trichy District, Trichy.

3.The Inspector of Police, Edamalaipattipudur Police Station, Trichy District.

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

Order made in Crl.O.P.(MD) No. 3690 of 2018 13.09.2019 tsg JM/09.10.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2