Madras High CourtWP(MD)/20838/2024disposed of

Sathiyamoorthy v. The Inspector Of Police

2024-09-02Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Sathiyamoorthy : Petitioner Vs.

1.The Inspector of Police, T.Kallupatti Police Station, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to transfer the complaint made by the petitioner in C.S.R.No.576 of 2023 from the first respondent to the second respondent and consequently, direct the second respondent to investigate the Crime No.70 of 2024 and C.S.R.No.576 of 2023 simultaneously.

For Petitioner : Mr.G.Bhagavath Singh For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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O R D E R

This writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to transfer the complaint made by the petitioner in C.S.R.No.576 of 2023 from the first respondent to the second respondent and consequently, direct the second respondent to investigate the Crime No.70 of 2024 and C.S.R.No.576 of 2023 simultaneously.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the State would submit that on the basis of the complaint given by the petitioner, C.S.R.No.576 of 2023 came to be registered and after enquiry, the same was ordered to be closed and thereafter, on the basis of the complaint given by the other party, FIR came to be registered in Crime No.70 of 2024 and the investigation is pending.

3.Since the C.S.R.No.576 of 2023 was already closed, the question of transferring the same from the first respondent police to the second respondent police and investigating the case in Crime No.70 of 2024 simultaneously does not arise.

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4. In view of the above, this Writ Petition is disposed of. The petitioner is at liberty to invoke under Section 156(3) of 200 Cr.P.C, if so advised. No costs.

02.09.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das To 1.The Inspector of Police, T.Kallupatti Police Station, Madurai District.

2.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

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

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K.MURALI SHANKAR, J das Order made in 02.09.2024 4/4