Madras High CourtCRL OP(MD)/15571/2022disposed of

D.Srithar v. The Superintendent Of Police

2023-09-08Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)No.15571 of 2022 and Crl.M.P.(MD)No.12285 of 2023 D.Srithar ... Petitioner Vs.

1.The Superintendent of Police, O/o. the Superintendent of Police, Tenkasi, Tenkasi District.

2.The Additional Superintendent of Police, O/o. the Addiitonal Superintendent of Police, Police Head Quarters, Tenkasi, Tenkasi District.

3.The Inspector of Police, Alangulam Police Station, Tenkasi District.

(in Cr.No.210 of 2022) 4.Rajasekar 1/5

5.Rajkumar 6.Maheswari 7.Sarala ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in the above case in Crime No.210 of 2022 dated 12.06.2022 on the file of the Inspector of Police, Alangulam Police Station, Tenkasi from the file of Inspector of Police, Alangulam Police Station, Tenkasi District to the Inspector of Police, CBCID, Tenkasi. For Petitioner :Mr.B.N.Raja Mohamed For R1 to R3 :Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking transfer of investigation in Crime No.210 of 2022 dated 12.06.2022 from the file of Inspector of Police, Alangulam Police Station, Tenkasi District to the file of Inspector of Police, CBCID, Tenkasi. 2/5

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor has submitted that the respondent police have completed the investigation in this case and closed the crime by filing the final report as "mistake of fact" and reported that RCS notice is also served on the defacto complainant.

3.Since the very purpose of filing this petition has already been defeated on account of completion of investigation and filing of final report, no orders can be passed in this petition and accordingly, this Petition is disposed of. However, the petitioner is at liberty to challenge the charge sheet, in case if he is so advised. Consequently, connected Miscellaneous Petition is closed. Speaking : Yes / No 08.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, O/o. the Superintendent of Police, Tenkasi, Tenkasi District.

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2.The Additional Superintendent of Police, O/o. the Addiitonal Superintendent of Police, Police Head Quarters, Tenkasi, Tenkasi District.

3.The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.15571 of 2022 08.09.2023 5/5