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Madras High CourtCRL OP(MD)/15822/2020dismissed

T.Rajkumar v. The Superintendent Of Police

2022-03-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD). No. 15822 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No. 15822 of 2020 T.Rajkumar ....Petitioner Vs

1. The Superintendent of Police, Office of Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The State Rep by The Inspector of Police, Central Police Station (L&O), Thoothukudi, Thoothukudi District.

....Respondents PRAYER :- These Criminal Original Petitions filed under Section 482 Cr.P.C.to directing the 1st respondent to pass order for change of investigation for the complaint of the petitioner's dated 22.11.2019 pending on the file of the 2nd respondent to any other agency, within the period as stipulated by this court.

For Petitioner : Mr.Sulthan Bashaj (Ajmal Associates) For Respondents : Mr.Sanjai Gandhi Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to pass order for change of investigation for the complaint of the petitioner's dated 22.11.2019 pending on the file of the 2nd respondent to any other agency.

2. When the matter is taken up for hearing, the learned Government Advocate(Crl.Side) submitted that based upon the complaint given by the petitioner dated 22.11.2019, the second respondent police conducted the enquiry in C.S.R.No.220 of 2020 and the same was closed on 20.10.2020, directing the parties to approach the concerned Court for proper relief.

3. After alleged complaint, the second respondent police has not registered FIR so far. Before registering the FIR, the transfer of investigation does not arise.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No. 15822 of 2020

4. In view of the same, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to file a fresh complaint.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) TTA Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. TO

1. The Superintendent of Police, Office of Superintendent of Police, Thoothukudi, Thoothukudi District.

2. The Inspector of Police, Central Police Station (L&O), Thoothukudi, Thoothukudi District.

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

+1 CC to M/s.AJMAL ASSOCIATES, Advocate (SR-16016[F] dated 01/04/2022 )

ORDER

IN CRL OP(MD). No.15822 of 2020 Date : 31/03/2022 SG(CO) GC(04.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2