Madras High CourtCRL OP(MD)/21702/2018dismissed as infructuous

K.Dineshkumar 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.21702 of 2018 and Crl.M.P.(MD).No.10450 of 2018 K.Dineshkumar .. Petitioner Vs.

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

2.Mr.Srinivasan, Additional Superintendent of Police, District Crime Branch, Trichy.

3.The Deputy Superintendent of Police, District Crime Branch, Trichy.

4.The Inspector of Police, District Crime Branch, Trichy, Trichy District.

.. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 1st respondent to appoint some other police officer other than the respondents Nos.2 to 4 to investigate the petitioners complaint vide NRC NO.G4/32938/2018, dated 18/09/2018 pending on the file of the 3rd respondent.

For Petitioner : Mr.M.Saravanan For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking direction to the 1st respondent to appoint some other police officer other than the respondents Nos.2 to 4 to investigate the petitioners complaint vide NRC NO.G4/32938/2018, dated 18/09/2018 pending on the file of the 3rd respondent.

1/3

2.When the matter is taken up for hearing today, the learned Government Advocate (Crl. Side) submitted that based upon the complaint given by this petitioner, enquiry was undertaken in Crime No.178 of 2018 and during the course of enquiry, it was found that the complaint given by the petitioner is not true and there was a delay also. So finding that it is an untrue complaint, it has been closed on 20.10.2018.

3.The learned counsel for the petitioner submitted that the enquiry has been concluded only after filing of this petition. But what ever it may be, since the complaint has been closed after enquiry, the prayer sought for in this petition has become infructuous and the petitioner may get the copy of the closure report from the office of the Additional Public Prosecutor and workout his remedy through appropriate proceedings. 4.With the above liberty this criminal original petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // 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 Superintendent of Police, Trichy District, Trichy.

2.Mr.Srinivasan, Additional Superintendent of Police, District Crime Branch, Trichy.

3.The Deputy Superintendent of Police, District Crime Branch, Trichy.

4.The Inspector of Police, District Crime Branch, Trichy, Trichy District.

2/3

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

+1 CC to M/s.M. SARAVANAN, Advocate (SR-34716[F] dated 17/11/2021 ) +1 CC to M/s.K.P. NARAYANAKUMAR, Advocate (SR-34983[F] dated 18/11/2021 ) 16.11.2021 RK(30/11/2021) 3P 8C 3/3