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Madras High CourtWP(MD)/9066/2014closed

S.Haroon, v. The Government Of Tamil Nadu

2023-01-03Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU W.P(MD)No.9066 of 2014 and M.P(MD) No.1 of 2014 S.Haroon ..... Petitioner - Vs1. The Government of Tamil Nadu, Represented by the Home Secretary, Secretariat, St. George Fort, Chennai.

2. The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

3. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

4. The Superintendent of Police, CBCID, B.B.Kulam, Narimedu, Madurai District.

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5. The Inspector of Police, Bazar Police Station, Ramanathapuram, Crime No.121 of 2014.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent No.3 to transfer the case in Crime No.121 of 2014, dated 16.04.2014 on the file of the respondent No.5 and entrust the same to respondent No.4 for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.R.M.S.Sethuraman Additional Public Prosecutor

ORDER

The present writ petition has been filed seeking for a Mandamus to direct the respondent No.3 to transfer the case in Crime No.121 of 2014, dated 16.04.2014 on the file of the respondent No.5 and entrust the same to respondent No.4 for investigation of the case by a competent officer and file a final report before the jurisdictional Magistrate within the time stipulated by this Court.

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2. The learned Additional Public Prosecutor appearing for the respondents relying upon the Counter Affidavit submits that the complaint of the petitioner had been closed as "Mistake of Fact" as early as on 28.05.2014 and if the petitioner is aggrieved, he can file a protest petition.

3. Since the final report has already been filed after completing the investigation, and the same has been closed as "Mistake of Fact". No further adjudication is required in the Writ Petition. Hence, this Writ Petition is closed. The petitioner is at liberty to workout his remedy in the manner known to law. No costs. Consequently connected Miscellaneous Petition is closed.

03.01.2023 NCS: Yes / No Index :

Yes / No Internet :

Yes / No ebsi 3/5

To

1. The Home Secretary, Secretariat, St. George Fort, Chennai.

2. The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

3. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

4. The Superintendent of Police, CBCID, B.B.Kulam, Narimedu, Madurai District.

5. The Inspector of Police, Bazar Police Station, Ramanathapuram.

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K.KUMARESH BABU, J.

ebsi Order made in W.P(MD)No.9066 of 2014 03.01.2023 5/5