Madras High CourtCRL OP(MD)/11541/2018dismissed

Selvi v. The Superintendent Of Police

2019-11-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.11541 of 2018 Selvi

...Petitioner

Vs.

1. The Superintendent of Police Thanjavur, Thanjavur District

2. The Inspector of Police Kantharvakottai Police Station Pudukottai District

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the 1st Respondent herein to transfer the investigation in Crime No.71 of 2018 on the file of the 2nd Respondent herein to any other superior officer within the District on the basis of the Petitioners Representation dated 30/06/2018 lodged before the 1st Respondent herein..

For Petitioner : Mr.C.Suresh Kannan For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to direct the 1st Respondent herein to transfer the investigation in Crime No.71 of 2018 on the file of the 2nd Respondent herein to any other superior officer within the District on the basis of the Petitioners Representation dated 30/06/2018 lodged before the 1st Respondent herein.

2. Today when the matter is taken up for hearing the learned Government Advocate(Crl.Side) would submit that based on the complaint given by the defacto complainant the respondent police conducted enquiry and closed the complaint as ' Mistake of Fact' on 17.05.2018

3. Recording the aforesaid submission, this Criminal Original Petition is closed. However the respondent police is directed to serve RCS notice to the defacto complainant forthwith and on receipt of the RCS notice the petitioner is at liberty to file a protest petition before the concerned jurisdictional Magistrate. Sd/- Assistant Registrar // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS)

aav To 1.The Superintendent of Police Thanjavur, Thanjavur District

2. The Inspector of Police Kantharvakottai Police Station Pudukottai District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Crl.O.P.(MD) No.11541 of 2018 14.11.2019 NSN(CO) TR(02.12.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/