Madras High CourtCRL OP(MD)/10082/2018dismissed

S.Suyambulingam, v. The Superintendent Of Police

2019-11-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.10082 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.10082 of 2018 S.Suyambulingam ... Petitioner Vs.

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

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

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to issue direction to transfer the investigation in Crime No.196 of 2018 to change pending before the 2nd respondent to any other Investigating Authority based on the representation, dated 09.06.2018 sent by the petitioner within the time stipulated and pass such further or other order may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) ***

O R D E R

This petition has been filed seeking a direction to the second respondent to transfer the investigation in Crime No.196 of 2018, from the file of the 2nd respondent to any other Investigating Authority, based on the petitioner's representation, dated 09.06.2018.

2. The learned Government Advocate (Crl.side) appearing for the respondents would submit that on the complaint lodged by the petitioner the case has been registered in Crime No.196 of 2018 and after completion of investigation, the same was closed as mistake of fact. Therefore, change of investigation does not arise in this petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.10082 of 2018

3. Recording the said submission, this Criminal Original Petition is closed. However, the second respondent is directed to serve referred charge sheet notice to the petitioner forthwith in Crime No.196 of 2018. On receipt of the same, the petitioner is at liberty to file a protest petition before the jurisdictional Magistrate Court concerned in the manner known to law. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

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

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

+1 CC to M/s.K.RAJESHWARAN, Advocate ( SR-97145[F] dated 08/11/2019 ) Crl.O.P.(MD).No.10082 of 2018 07.11.2019 KK/SAR/22.11.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2