Madras High CourtCRL OP(MD)/19742/2018dismissed as infructuous

Raja, S/O.Ponnaiyan, v. The Superintendent Of Police

2021-11-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.19742 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19742 of 2018 Raja .... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Karungal Police Station, Kanyakumari District.

.... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation of Crime No.307 of 2018 from the file of second respondent police to any other police or competent agency for fair and impartial investigation.

For Petitioner : Mr.K.P.Narayankumar For Respondents : Mr.E.Antony Sahaya Prabhakar Additional Public Prosecutor

ORDER

This petition is filed to to transfer the investigation of Crime No.307 of 2018 from the file of second respondent police to any other police or competent agency for fair and impartial investigation.

2.The grievances of the petitioner is that he is also injured in the above said accident, the respondent wrongly registered the case against the petitioner in Crime No.307 of 2018 for the offence punishable under Sections 297 and 337 of IPC. 3.The learned Additional Public Prosecutor submitted that the investigation has been completed and Final Report was filed before the Judicial Magistrate, Iranial and the same was taken on file in S.C No.359 of 2021, and now the case is posted for examination of witnesses. He would further submit that during the course of investigation, the petitioner's statement has also been recorded.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19742 of 2018 4.Since final report has been filed and cognizance was also taken, this petition has become infructuous. The petitioner is at liberty to work out his remedy through appropriate proceedings in accordance with law.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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, Eranial, Kanyakumari District. 2.The Superintendent of Police, Kanyakumari District.

3.The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

Crl.O.P.(MD)No.19742 of 2018 15.11.2021 RD(08.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2