G.Suriyaprakash v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD).No.7770 of 2018 G.Suriyaprakash ... Petitioner Vs.

1.The Principal Secretary, Home (Police XIX) Department, Secretariat, Chennai-600 009.

2.The Director General of Police, O/o.The Director General of Police, Kamarajar Road, Chennai-600 004.

3.The Joint Director and Head of the Zone, Central Bureau of Investigation (CBI), III rd Floor, E.V.K.Sampath Building, College Road, Chennai.

4.The Superintendent of Police, Sivagangai, Sivagangai District.

5.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

(In Crime No.131 of 2016) 6.R.Balaji 7.Sethu

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to withdraw the case in Crime No.131 of 2016 dated 11.07.2016 on the file of the fifth respondent and entrust the same to the third respondent to conduct fresh investigation of the case by a competent Officer and file a final report afresh before the Jurisdictional Court within the time period.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.E.Antony Sahaya Prabakar Additional Public Prosecutor For R1 to R5 1/3

O R D E R

This petition is filed to to direct the first respondent to withdraw the case in Crime No.131 of 2016 dated 11.07.2016 on the file of the fifth respondent and entrust the same to the third respondent to conduct fresh investigation of the case by a competent Officer and file a final report afresh before the Jurisdictional Court within the time period.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based upon the compliant given by the defacto complainant, enquiry was undertaken and and the same was closed on 17.12.2019 and the RCS notice was also served upon the defacto complainant, But, he refused to receive the RCS and it was pasted on the door of the house. 3.Since the investigation has been completed, nothing survives for further consideration or direction in this petition. Accordingly, this petition has become infructuous. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 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 Principal Secretary, Home (Police XIX) Department, Secretariat, Chennai-600 009.

2.The Director General of Police, O/o.The Director General of Police, Kamarajar Road, Chennai-600 004.

2/3

3.The Joint Director and Head of the Zone, Central Bureau of Investigation (CBI), III rd Floor, E.V.K.Sampath Building, College Road, Chennai.

4.The Superintendent of Police, Sivagangai, Sivagangai District.

5.The Inspector of Police, Poovanthi Police Station, Sivagangai District.

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

15.11.2021 NSN(CO) GC(05.01.2022) 3P 7C 3/3