Madras High CourtCRL OP(MD)/5105/2018dismissed

M.Meenammal v. The Superintendent Of Police

2019-10-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.5105 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.5105 of 2018 M.Meenammal ... Petitioner Vs.

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

2.The Inspector of Police, Appanthirupathy Police Station, Madurai District.

3.The Inspector of Police, CBCID, Madurai, Madurai District.

... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation of Crime No.240 of 2017 on the file of the second respondent to third respondent.

For Petitioner : Mr.S.M.Mohan Gandhi For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petitioner has been filed to transfer the case in Crime No.240 of 2017 on the file of the second respondent to the third respondent.

2. Heard Mr.S.M.Mohan Gandhi, learned counsel appearing for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side) appearing for the respondents.

3. The learned counsel for the petitioner would submit that on the complaint lodged by the petitioner, second respondent registered a case in Crime No.240 of 2017 for offences under Section 174 Cr.P.C and after conducting investigation they closed the case on 25.03.2018 as 'Action Dropped'. Even then the petitioner was not served with RCS notice till today. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5105 of 2018

4. Considering the above facts and circumstances transfer of investigation would not arise now. Hence the Criminal Original Petition stands dismissed. Further the second respondent is directed to serve RCS notice to the petitioner forthwith and on receipt of the same, the petitioner is at liberty to file protest petition before the concerned jurisdictional Magistrate. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) dss To

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

2.The Inspector of Police, Appanthirupathy Police Station, Madurai District.

3.The Inspector of Police, CBCID, Madurai, Madurai District.

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

Crl.O.P.(MD)No.5105 of 2018 17.10.2019 KM/(06.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2