Madras High CourtCRL OP(MD)/18606/2021dismissed

Suriyakala v. The Superintendent Of Police

2021-11-26Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18606 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18606 of 2021 Suriyakala ... Petitioner / Defacto complainant Vs 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Thirupullani Police Station, Thirupullani, Ramanathapuram District.

(in Crime No.175 of 2020) 3.The Deputy Superintendent of Police, CBCID, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first respondent to order change of investigation in the matter relating to the Crime No.175 of 2020 on the file of the second respondent and entrust the same to the third respondent for investigation of the case and file a charge sheet before the concern Court within the time stipulated by this Court. For Petitioner : Mr.B.Arun For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed for transfer of investigation.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that charge sheet has already been filed closing the case as "Mistake of Fact". The petitioner has been served with the RCS notice. It is for the petitioner to file protest petition before the jurisdictional Court. It is for the jurisdictional Court to take a call in the matter. Leaving open https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18606 of 2021 the petitioner's contentions, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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 Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Thirupullani Police Station, Thirupullani, Ramanathapuram District.

3.The Deputy Superintendent of Police, CBCID, Ramanathapuram District.

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

Crl.O.P(MD)No.18606 of 2021 26.11.2021 RD(06.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2