Pugalenthi v. The Commissioner Of Police

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 30.11.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.23410 of 2016 Pugalenthi ... Petitioner Vs.

1.The Commissioner of Police, Trichy Commissioner Office, Trichy.

2.The Assistant Commissioner Of Police, Srirangam, Trichy.

3.The Inspector of Police, Worayur Police Station, Trichy.

(Crime No.535 of 2016) 4.The Deputy Superintendent Of Police (CBCID), CBCID Office, Trichy.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to withdraw the case in Crime No.535 of 2016 on the file of Respondent No.3 and entrust the same to the Respondent No.4 for investigation of the case by the Competent officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court.

For Petitioner : Mr.R.Venkatesan For Respondents : Mr.R.Erottuchamy Government Advocate (crl.side)

O R D E R

This petition has been filed to quash the F.I.R. in Crime No.535 of 2016 on the file of third respondent and entrust the same to the fourth respondent for investigation of the case by the Competent officer and to file a final report before the Jurisdictional Magistrate within the time stipulated by this Court. 2.The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not 1/3

committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case, in Crime No.535 of 2016, as against the petitioner. Hence he prayed to quash the same.

3.The learned Government Advocate (Crl.Side) would submit that initially the case was registered by the third respondent under Section 174 Cr.P.C. and after completion of investigation the third respondent registered the offence under Sections 306 and 376 IPC and filed the final report before the concerned Court and the same was taken cognizance in Spl.S.C.No.31 of 2018, on the file of the Additional District Court No.I, Trichy, which is pending for trial and hence, the prayer sought for by the petitioner has become infructuous.

4.Recording the submission made by the learned Government Advocate (criminal side), this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Ls 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 Additional District Court No.1, Trichy. 2.The Commissioner of Police, Trichy Commissioner Office, Trichy.

3.The Assistant Commissioner Of Police, Srirangam, Trichy.

4.The Inspector of Police, Worayur Police Station, Trichy.

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5.The Deputy Superintendent Of Police (CBCID), CBCID Office, Trichy.

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

Order made in CRL.O.P (MD) No.23410 of 2016 30.11.2020 VB (18.12.2020) 3P 7C 3/3