Madras High CourtCRL OP(MD)/12385/2018dismissed

Ponnumani v. The Superintendent Of Police,

2019-11-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.12385 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.12385 of 2018 Ponnumani M ... Petitioner/Sole Accused Vs.

1. The Superintendent of Police Kanyakumari District Kanyakumari

2. The Inspector of Police Rajakkamangalam Police Station Rajakkamangalam Kanyakumari District ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st Respondent to withdraw and transfer the case in Crime No.100 of 2018 on the file of the Inspector of Police, Rajakkamangalam Police Station, Rajakkamangalam, Kanyakumari District to any other agency which is more competent in the circumstances of the present case forthwith.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct 1st Respondent to withdraw and transfer the case in Crime No.100 of 2018 on the file of the Inspector of Police, Rajakkamangalam Police Station, Rajakkamangalam, Kanyakumari District to any other agency which is more competent in the circumstances of the present case forthwith.

2. Today when the matter is taken up for hearing the learned Government Advocate(Crl.Side) would submit that based on the complaint given by the defacto complainant the respondent police conducted enquiry and closed the complaint as ' Mistake of Fact'.

3. Recording the aforesaid submission, this Criminal Original Petition is closed. However the respondent police is directed to serve RCS notice to the defacto complainant and on receipt of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.12385 of 2018 RCS notice the petitioner is at liberty to file a protest petition before the concerned jurisdictional Magistrate. Sd/- Assistant Registrar (records) // True Copy // Sub Assistant Registrar(CS ) Aav To

1. The Superintendent of Police Kanyakumari District, Kanyakumari

2. The Inspector of Police Rajakkamangalam Police Station Rajakkamangalam, Kanyakumari District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai +1 CC to Mr.S.PALANI VELAYUTHAM, Advocate ( SR-100508[F] dated 22/11/2019 ) Crl.O.P.(MD) No.12385 of 2018 21.11.2019 MK (09.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2