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Madras High CourtCRL OP(MD)/543/2018closed

Muthusamy v. The Superintendent Of Police

2019-09-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.543 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.543 of 2018 Muthusamy

...Petitioner/De-facto Complainant

-Vs1.The Superintendent of Police, Pudukkottai District, Pudukkottai 2.The Inspector of Police, CBCID, Pudukkottai, Pudukkottai District

...Respondents/Respondents

3.The Inspector of Police, Keeranur Police Station, Keeranur, Pudukkottai District (Cr.No.231 of 2017) ... 3rd Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to transfer of investigation in Crime No.231 of 2017 dated 20.07.2017 on the file of the 3rd respondent herein to the 2nd respondent herein or any other Superior Officer on the basis of the representation submitted to the 1st respondent herein through post.

For Petitioner : Mr.A.Thiruvadi Kumar For R1, R2 and R3 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been filed to transfer of investigation in Crime No.231 of 2017 dated 20.07.2017 on the file of the 3rd respondent herein to the 2nd respondent herein or any other Superior Officer.

2.The learned Government Advocate (criminal side) would submit that initially the case was registered under Section 174 of Cr.P.C. and after enquiry found that both parties fell in love each other, their parents objected for this and therefore, both are committed suicide due to prestigious and hence, the complaint registered in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.543 of 2018 Crime No.231 of 2017. After enquiry, the same was closed as 'Action Dropped' by the third respondent and filed the closure report before the Revenue Divisional Officer, Keeranur, Pudukkottai District. Therefore, the prayer sought for by the petitioner become infructuous.

3.The learned counsel appearing for the petitioner submitted that without conducting proper enquiry, the respondent police closed the enquiry.

4.Considering the above facts and circumstances, the third respondent is directed to file the final report before the concerned jurisdictional Magistrate, within a period of two weeks from the date of receipt of a copy of this order and also direct the third respondent to serve the copy of the final report to the petitioner.

5. With the above observation, this Criminal Original Petition stands dismissed.

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

2.The Inspector of Police, CBCID, Pudukkottai, Pudukkottai District 3.The Inspector of Police, Keeranur Police Station, Keeranur, Pudukkottai District.

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

+1 CC to Mr.A. THIRUVADI KUMAR, Advocate SR-85045. Crl.O.P.(MD)No.543 of 2018 03.09.2019 CS(24.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2