Madras High CourtCRL OP(MD)/12257/2018dismissed

K.C.Kumaresan, v. The Inspector Of Police

2019-11-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.12257 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.12257 of 2018 K.C.Kumaresan ... Petitioner Vs.

1.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

2.The Sub Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

3.Balakrishnan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to transfer the Investigation Officer in respect of Crime No.245 of 2018 on the file of the Kovilpatti West Police Station from 3rd respondent to 1st respondent. For Petitioner : Mr.G.Thalaimutharasu For R1 & R2 : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This petition has been filed to transfer the Investigation Officer in respect of Crime No.245 of 2018 on the file of the Kovilpatti West Police Station from 3rd respondent to 1st respondent.

2. The learned Government Advocate (Crl.side) appearing for the respondent Nos.1 & 2 would submit that on the complaint lodged by the petitioner the case has been registered in Crime No.245 of 2018 and after completion of investigation, the same was closed as 'mistake of fact' on 13.09.2018. Therefore, change of investigation does not arise in this petition.

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Crl.O.P.(MD).No.12257 of 2018 3.Recording the said submission, this Criminal Original Petition is closed. However, the first respondent is directed to serve referred charge sheet notice to the petitioner forthwith in Crime No.245 of 2018. On receipt of the same, the petitioner is at liberty to file a protest petition before the jurisdictional Magistrate Court concerned in the manner known to law. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

2.The Sub Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

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

Crl.O.P.(MD).No.12257 of 2018 22.11.2019 JMN(10.12.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2