Madras High CourtCRL OP(MD)/19582/2018dismissed as infructuous

Viswanathan, v. The Superintendent Of Police,

2021-11-25Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Viswanathan ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Pattukottai Town Police Station, 3.The Deputy Superintendent of Police, CBCID, ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents herein to transfer the reinvestigation of the case in Crime No.136 of 2018 on the file of the second respondent police to any other Police Station, more preferably, to the office of the third respondent. For Petitioner : Mr.R.Venkateshwar For Respondents : Mr.M.Muthumanikkam Counsel for Government of Tamil Nadu(Crl.side)

O R D E R

This Criminal original Petition has been filed to transfer the reinvestigation of the case in Crime No.136 of 2018 on the file of the second respondent police to any other Police Station, more preferably, to the office of the third respondent.

2. When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that after the investigation, the closure report has been submitted before the Judicial Magistrate, Pattukottai, finding that it was mistake of fact and it was filed before the concerned Court on 09.12.2018 and 1/3

notice was also served upon the petitioner. He would also submit that he also filed the protest petition before the concerned Court. The petitioner can work out the remedy in the aforesaid proceedings. So, nothing survives for consideration for direction in this petition.

3. The learned counsel for the petitioner would submit that a direction may be issued to the Judicial Magistrate, Pattukottai to complete the process in the protest petition filed by the petitioner within the time stipulated by this Court.

4. Considering the nature of the issue, there shall be a direction to the Judicial Magistrate, Pattukottai to complete the proceedings over the protest petition filed by the petitioner within two months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) gbg/btr 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 Judicial Magistrate, Pattukottai.

2.Do-through the Chief Judicial Magistrate, Thanjavur District @ Kumbakonam 3.The Superintendent of Police, Thanjavur District.

4.The Inspector of Police, Pattukottai Town Police Station, 2/3

5.The Deputy Superintendent of Police, CBCID, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

25.11.2021 MGJ(13.12.2021) 3P 8C 3/3