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Madras High CourtCRL OP(MD)/15251/2022dismissed as infructuous

N.Ahamedfaiz v. The Superintendent Of Police

2024-02-13Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI N.Ahamedfaiz ... Petitioner Vs.

1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police (L&O), Thiruvadanai, Ramanathapuram District.

3.The Inspector of Police, C.B.C.I.D., Ramanathapuram, Ramanathapuram District.

4.The Inspector of Police, Thondi Police Station, Ramanathapuram District.

... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to transfer the investigation of the case in Crime No.84 of 2022 pending on the file of the fourth respondent police to any other independent agency or C.B.C.I.D., Officer under the direct supervision of the respondents 1 and 2 and further, to file the final report in the said case within a reasonable time period to be fixed by this Court.

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For Petitioner : No Appearance For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.84 of 2022 pending on the file of the fourth respondent police to any other independent agency or C.B.C.I.D., Officer under the direct supervision of the respondents 1 and 2 and further, to file the final report in the said case within a reasonable time period to be fixed by this Court. 2.The case of the petitioner is that there was a Jamath dispute between the petitioner and the members of the Jamath. However, the petitioner made a complaint before the fourth respondent police and the same was registered in Crime No.84 of 2022 and thereafter, the fourth respondent police have not conducted the investigation in a proper manner. Hence, the present petition is filed.

3.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that during the pendency of this petition, 2/4

petitioner's complaint was enquired and the same was closed as 'Mistake of fact' on 06.02.2024.

4.In view of the above, no further order is necessary in this petition. Hence, the Criminal Original Petition is dismissed with liberty to the petitioner to workout his remedy in the manner known to law. Index : Yes/No 13.02.2024 Internet : Yes/No NCC : Yes/No Sji To 1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police (L&O), Thiruvadanai, Ramanathapuram District.

3.The Inspector of Police, C.B.C.I.D., Ramanathapuram, Ramanathapuram District.

4.The Inspector of Police, Thondi Police Station, Ramanathapuram District.

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

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M.DHANDAPANI, J.

Sji 13.02.2024 4/4