Madras High CourtCRL OP(MD)/14341/2023disposed of

D.Selva Kumari v. The Superintendent Of Police

2023-08-11Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN D.Selva Kumari ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Vallam, Thanjavur District.

3.The Sub-Inspector of Police, Vallam Police Station, Thanjavur District.

4.R.Govindaraj ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer of investigation from the third respondent to or any other agency and the same to be monitored by the first respondent. For Petitioner : No Appearance 1/5

For R1 to R3 : Mr.SS.Madhavan Government Advocate (Crl.Side) O RDER This petition is filed under Section 482 of Cr.P.C. seeking for transfer of investigation from the third respondent to any other agency and the same to be monitored by the first respondent.

2. No representation on behalf of the petitioner.

3. When this case is about to be adjourned to some other date, learned Government Advocate (Criminal Side) has submitted that the respodent Police have completed the investigation and filed a final report under Section 173 of Cr.P.C. before the learned Judicial Magistrate on 18.05.2023.

4. According to the contents of the affidavit, the petitioner has filed Cr.M.P.No.17 of 2022 on the file of the Learned Judicial Magistrate No.II, Tanjore, for referring the matter to the respondent Police for investigation. Accordingly, the said complaint under Section 200 Cr.P.C., filed by the petitioner 2/5

was referred to the Police and the respondent Police have registered the same as FIR in Crime No.208 of 2023 on 17.05.2023. It is submitted by learned Government Advocate (Criminal Side) that the respondent Police have completed the investigation and filed a final report by closing the FIR as "Mistake of Fact". It is submitted that notice to the complainant will be served.

5. Considering the submissions made by learned Government Advocate (Criminal Side) and also perused the records, since the respondent Police have already completed the investigation, no further orders can be passed. Accordingly, this Petition is disposed of, directing the petitioner to approach the Criminal Court concerned, in case, if the petitioner has got any grievance in the closure of the FIR in Crime No.208 of 2023.

Speaking : Yes / No 11.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/5

To 1.The Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Vallam, Thanjavur District.

3.The Sub-Inspector of Police, Vallam Police Station, Thanjavur District.

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

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DR.D.NAGARJUN. J.

tsg Crl.O.P.(MD)No.14341 of 2023 11.08.2023 5/5