M.Kannan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.15531 of 2022 M.Kannan ... Petitioner Vs.

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

2.The Inspector of Police, Sholavandan Police Station, Crime No.133 of 2022, Sholavandan, Madurai District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation of Sholavadan Police Station in Crime No.133 of 2022, on the file of the second respondent to the file of some other competent investigating officer.

For petitioner : Mr.V.R.G.Mohan For R-1 & R-2 : Mr.B.Nambiselvan, Additional Public Prosecutor 1/4

O RDER This Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.133 of 2022, on the file of the second respondent to the file of some other competent Investigating Officer.

2. The learned counsel appearing for the petitioner would submit that the petitioner is a defacto complainant and he made a complaint before the respondent Police against the accused persons and the same was registered in Crime No.133 of 2022. The grievance of the petitioner is that the investigation in Crime No.133 of 2022 has not been done in a proper manner. Hence, the present petition has been filed to transfer the investigation in Crime No.133 of 2022 to any other Investigating Agency.

3. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent Police Police would submit that during the pendency of this petition, the investigation has been completed in Crime No.133 of 2022 and on completion of investigation, charge sheet is also filed before the learned 2/4

Judicial Magistrate, Vadipatty and the same was taken cognizance in C.C.No.36 of 2023.

4. In view of the above, nothing survives for further adjudication in this Criminal Original Petition and and the same stands closed. Liberty is granted to the petitioner to canvass all those points before the trial Court at the time of trial.

16.02.2024 Index : Yes/No Internet : Yes/No TSG To 1.The Judicial Magistrate, Vadipatty.

2.The Superintendent of Police, Madurai District, Madurai.

3.The Inspector of Police, Sholavandan Police Station, Sholavandan, Madurai District.

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

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M.DHANDAPANI. J.

TSG 16.02.2024 4/4