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Madras High CourtCRL OP(MD)/13498/2019disposed of

Balasubramaniyan v. The Superintendent Of Police

2019-09-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD).No. 13498 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD).No. 13498 of 2019 Balsubramanian ... Petitioner Vs.

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

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

3. The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

4. The Deputy Superintendent of Police C.B.C.I.D., Thanjavur District.

... Respondents Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation from pending investigation in connection with Crime No.228 of 2019 on the file of the third respondent to the fourth respondent.

For Petitioner : Mr.M. Karunanithi For Respondents-1 to 4 : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

O R D E R

This petition has been filed for transfer of investigation in Crime No.228 of 2019 on the file of the third respondent to the fourth respondent.

2. Today, when the matter is taken up hearing the learned Government Advocate(Crl.side) would submit that the respondent police has been enquired the same was closed as 'Mistake of Fact' and the closure report has also been filed before the concerned Jurisdictional Magistrate. He would further submit that the third respondent police has also served the copy of RCS to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No. 13498 of 2019

3. In view of the above submission, at this stage, the prayer sought for by the petitioner cannot be considered now. Hence, the Criminal Original Petition is dismissed. However, the petitioner is at liberty to file protest petition before the concerned Jurisdictional Magistrate.

Sd/- Assistant Registrar(CS-II) /TRUE COPY/ Sub Assistant Registrar ksa To

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

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

3. The Inspector of Police, Kumbakonam East Police Station, Thanjavur District.

4. The Deputy Superintendent of Police C.B.C.I.D., Thanjavur District.

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

+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-89707[F] dated 26/09/2019 ) Crl.O.P(MD)No. 13498 of 2019 26.09.2019 JM/23.10.2019/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2