Madras High CourtCRL OP(MD)/16699/2021dismissed

M.Sahaya Anand v. The Superintendent Of Police

2022-04-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.16699 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.16699 of 2021 M.Sahaya Anand ... Petitioner/Complainant Vs 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Kottar Police Station, Kanyakumari District.

(In Crime No.1731/2010).

3.The Inspector of Police CBCID, Nagercoil, Kanyakumari District.

... Respondents/Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to change the investigation agency from the second respondent to the third respondent herein in respect of the case in crime No.1731/2010, pending before the second respondent. For Petitioner : Mr.S.Ramasamy For Respondents : Mr.K.Sanjai Gandhi, Government Advocate(Crl. Side)

ORDER

The criminal original petition has been filed seeking transfer of investigation in Crime No. 1731/2010 from the second respondent to the third respondent herein.

2.The learned Government Advocate (Crl.Side) would submit that based on the complaint lodged by the petitioner, the respondent police had conducted an enquiry and closed the same as 'mistake of fact' on 25.02.2011 and closure report filed before the learned Judicial Magistrate No.II, Nagerkoil. RCS notice was also served on the petitioner.

3.Therefore, there is no investigation pending on the file of the second respondent. The criminal original petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.16699 of 2021 To 1.The Judicial Magistrate No.II, Nagercoil.

2.The Superintendent of Police, Kanyakumari District.

3.The Inspector of Police, Kottar Police Station, Kanyakumari District.

4.The Inspector of Police CBCID, Nagercoil, Kanyakumari District.

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

Crl.O.P.(MD) No.16699 of 2021 26.04.2022 RS (25.05.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2