Madras High CourtCRL OP(MD)/11033/2018dismissed

Enamuthammal, v. The Superintendent Of Police

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

Crl.O.P.(MD).No.11033 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.11033 of 2018 Enamuthammal

...Petitioner

Vs.

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

2.The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Tuticorin District.

(In Crime No.23 of 2018) 3.The Inspector of Police, CBCID, Tuticorin Unit, Tuticorin.

...Respondents

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to withdraw the case in Crime No.23 of 2018 on the file of the 2nd respondent and transfer the investigation to the 3rd respondent or any other agency. For Petitioner : Mr.J.C.Rathnavel Pandian For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition is filed to withdraw the case in Crime No.23 of 2018 on the file of the second respondent and transfer the investigation to the 3rd respondent or any other agency.

2. The learned Government Advocate (Crl.side) appearing for the respondents would submit that on the complaint lodged by the petitioner the third respondent police has registered a case in Crime No.23 of 2018 and arrested the accused on 21.07.2019. After completion of investigation the third respondent police filed a final report before the learned Judicial Magistrate and the same has been taken on file in P.R.C.No.32 of 2019 and it is pending for committal. Therefore, transfer of investigation does not arise in this petition.

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Crl.O.P.(MD).No.11033 of 2018 3.Recording the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(AD-II) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Tuticorin District, Tuticorin.

2.The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Tuticorin District.

3.The Inspector of Police, CBCID, Tuticorin Unit, Tuticorin.

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

+1CC TO MR.J.RATHNAVEL PANDIAN, Advocate Sr. No. 97799 Crl.O.P.(MD).No.11033 of 2018 12.11.2019 SV2(CO) TR(11.12.2019)2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2