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Madras High CourtCRL OP(MD)/22018/2018dismissed as infructuous

Tamilselvan v. The Superintendent Of Police

2021-11-16Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.22018 of 2018 Tamilselvan .. Petitioner Vs.

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

2.The Deputy Superintendent of Police, Thoothukudi Rural Sub Division, Thoothukudi District.

3.The Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District.

Crime NO.457 of 2018 .. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to transfer the investigation in Crime No.457/2018 dated 13/10/2018 on the file of the 3rd respondent herein to the 2nd respondent herein or any other Superior Officer on the basis of petitioners Representation dated 14/11/2018 to the 1st Respondent herein.

For Petitioner : Mr.R.Ilayaraja For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This petition has been filed seeking order to transfer the investigation in Crime No.457/2018 dated 13/10/2018 on the file of the 3rd respondent herein to the 2nd respondent herein or any other Superior Officer on the basis of petitioners Representation dated 14/11/2018 to the 1st Respondent herein.

2.The learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle, which is involved in the crime, which was registered for the offences punishable under Sections 279 & 304(A) of IPC.

3.The learned Additional Public Prosecutor submitted that the 1/3

investigation has been completed and final report also filed before the Judicial Magistrate No.III, Tuticorin. But the same has not been taken on file.

4.Since the investigation has been completed, nothing survives for consideration in this petition. However, there shall be a direction to the learned Judicial Magistrate No.III, Tuticorin, to process the final report that has been filed by the third respondent herein as per rules and after completing the process compliance report must be submitted to the Registry.

5.The petitioner is at liberty to workout his remedy through appropriate proceedings, if so he is aggrieved by the contents of the final report.

6.With the above directions and liberty, this criminal original petition is disposed of as infructuous.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Judicial Magistrate No.III, Tuticorin.

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

3.The Deputy Superintendent of Police, Thoothukudi Rural Sub Division, Thoothukudi District.

4.The Inspector of Police, SIPCOT Police Station, Thoothukudi, Thoothukudi District.

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

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Copy to:

1.The Registrar (Judicial), Madurai Bench Of Madras High Court, Madurai.

2.The Section officer, Criminal Section, Madurai Bench Of Madras High Court, Madurai.

16.11.2021 RD(03.12.2021) 3P 8C 3/3