Madras High CourtCRL OP(MD)/21658/2018dismissed as infructuous

K. Marithurai, v. The Superintendent Of Police

2022-02-01Honourable Mr Justice K.Murali Shankar2 pages

Crl.O.P.(MD)No.21658 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.O.P.(MD)No.21658 of 2018 K.Marithurai ... Petitioner vs.

1.The Superintendent of Police, Tuticorin District.

2.The Inspector of Police, Kayathar Police Station, Tuticorin District.

3.The Inspector of Police, CBCID Wing, Tuticorin.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to pass an order directing the first respondent to transfer the investigating authority in connection with Crime No.164 of 2018 on the file of the second respondent police to the third respondent CBCID Wing Thoothukudi.

For Petitioner : Mr.M.Prabu For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the first respondent to transfer the investigating authority in connection with Crime No.164 of 2018 on the file of the second respondent police to the third respondent.

2.When the matter is taken up for hearing today (01.02.2022), the learned counsel for the petitioner as well as the learned Additional Public Prosecutor would submit that after investigation, the second respondent has filed a final report as 'mistake of fact' and hence, nothing survives for further adjudication. 3.Recording the submissions made by the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.21658 of 2018 petitioner as well as the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed as infructuous. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) csm 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 Superintendent of Police, Tuticorin District.

2.The Inspector of Police, Kayathar Police Station, Tuticorin District.

3.The Inspector of Police, CBCID Wing, Tuticorin.

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

Crl.O.P.(MD)No.21658 of 2018 01.02.2022 DKS(CO) KB(14.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2