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Madras High CourtCRL OP(MD)/12106/2019disposed of

K.Dharmalingam v. The Superintendent Of Police

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

Crl.O.P(MD).No. 12106 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No. 12106 of 2019 and Crl.M.P(MD) No. 7614 of 2019 K. Dharmalingam ... Petitioner Vs.

1. The Superintendent of Police, O/o. Superintendent of Police, Ramanathapuram District.

2. The Deputy Superintendent of Police, CBCID, Narimedu, Madurai District.

3. The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

4. The Sub- Inspector of Police Elanjambur police Station, Ramanathapuram District.

(Crime No. 48of 2017).

... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent to withdraw the case in Crime No.48 of 2017 under Section 174 of Cr.P.C., on the file of the fourth respondent, dated 08.12.2017 and transfer the same to the second respondent for investigation and file a final report before the Jurisdictional Magistrate, within the time stipulated by this Court.

For Petitioner : Mr.T. Lajapathi Roy For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

O R D E R

This petition has been filed for transfer of investigation in Crime No.48 of 2017 under Section 174 of Cr.P.C., on the file of the fourth respondent, dated 08.12.2017 and transfer the same to the second respondent for investigation and file a final report before the Jurisdictional Magistrate, within the time stipulated by this Court.

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Crl.O.P(MD).No. 12106 of 2019

2. The learned Government Advocate(Crl.side) would submit that the respondent police has been enquired and the same was closed as 'Further Action Dropped' and the closure report has also been filed before the Revenue Divisional officer and not filed before the concerned Jurisdictional Magistrate.

3. In view of the above submission, this Court directs the fourth respondent to file a closure report before the concerned Jurisdictional Magistrate, within a period of Two(2) weeks from the date of receipt of copy of this order, after serving the copy of the closure report to the petitioner. The petitioner is at liberty to file protest petition before the concerned Jurisdictional Magistrate.

4. With the above observations, the Criminal Original Petition is disposed of. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Superintendent of Police, O/o. Superintendent of Police, Ramanathapuram District.

2. The Deputy Superintendent of Police, CBCID, Narimedu, Madurai District.

3. The Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

4. The Sub- Inspector of Police Elanjambur police Station, Ramanathapuram District.

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

+1 CC to M/s.T.LAJAPATHI ROY, Advocate SR-87058. Crl.O.P(MD)No. 12106 of 2019 13.09.2019 CS(30.09.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2