Madras High CourtCRL OP(MD)/9187/2018dismissed

`P. Maheshkumar v. The Superintendent Of Police

2019-10-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl OP(MD) No. 9187 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No. 9187 of 2018 P. Maheshkumar ... Petitioner Vs.

1. State rep. by the Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Sub-Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.

... Respondents PRAYER: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the 1st respondent to Transfer the investigation pertaining to Crime NO. 84 of 2018 and Crime No. 85/2018 from the 2nd respondent police to some other police officer within the jurisdiction of the 1st respondent and to file final report within a stipulated time .

For Petitioner : Mr.P. Muthusamy For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed to to direct the 1st respondent to Transfer the investigation pertaining to Crime NO. 84 of 2018 and Crime No. 85/2018 from the 2nd respondent police to some other police officer within the jurisdiction of the 1st respondent and to file final report within a stipulated time .

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the respondent police completed the investigation in both the crime numbers and both the complaints are case in counter and as such closed the FIR in Crime No.85 of 2018 as Mistake of Fact and the Crime No.84 of 2018 is concerned the respondent police filed final report before the concerned jurisdictional Magistrate. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl OP(MD) No. 9187 of 2018

3. Considering the facts and circumstances, at this stage, the prayer sought for by the petitioner cannot be granted. Accordingly, the Criminal Original Peittion is dismissed. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) Ksa To

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

2. The Sub-Inspector of Police, Keelarajakularaman Police Station, Virudhunagar District.

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

+1 CC to Mr.P.MUTHUSAMY, Advocate ( SR-92613[F] dated 17/10/2019 ) Crl.O.P (MD) No. 9187 of 2018 16.10.2019 VB(20.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4