Madras High CourtCRL OP(MD)/14466/2019dismissed

D. Peer Mohammed v. The Superintendent Of Police

2019-11-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No. 14466 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No. 14466 of 2019 D. Peer Mohammed ... Petitioner/Complainant Vs.

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

2. The Inspector of Police, Tenkasi Police Station, Tenkasi.

(Crime No.128 of 2018) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the first respondent to reinvestigate the case in Crime No.128 of 2018 on the file of the second respondent to any other competent investigation officer under his supervision based on the petitioner's complaint, dated 28.08.2019. For Petitioner : Mr.S. Kumar For Respondents : Mr. K. Suyambulinga Bharathi, Government Advocate

O R D E R

This Criminal Original Petition has been filed to direct the first respondent to reinvestigate the case in Crime No.128 of 2018 on the file of the second respondent to any other competent investigation officer under his supervision based on the petitioner's complaint, dated 28.08.2019.

2. Today, when the matter is taken up for hearing, the learned Government Advocate submitted that the second respondent has completed investigation and closed as 'Mistake of Fact' and the final report has also been filed before the concerned Jurisdictional Magistrate.

3. In view of the aforesaid submission, at this stage, the prayer sought for by the petitioner cannot be granted. Accordingly, the Criminal Original Petition is dismissed. However, the second respondent is directed to serve a copy of the referred charge sheet to the petitioner forthwith and on receipt of the same, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No. 14466 of 2019 petitioner is at liberty to file protest petition before the concerned Jurisdictional Magistrate.

Sd/- Assistant Registrar (crl.side) // True Copy // Sub Assistant Registrar(CS ) ksa To

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

2. The Inspector of Police, Tenkasi Police Station, Tenkasi.

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

CRL.O.P (MD) No. 14466 of 2019 12.11.2019 MK (09.12.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2