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Madras High CourtCRL OP(MD)/11389/2017dismissed

U.Chithiraipandi, v. The Union Of India Rep By Its

2020-12-17Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.12.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD).No.7814 of 2017 U.Chithiraipandi ... Petitioner Vs 1.The Principal Secretary, The Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110001.

2.The Principal Secretary, Home Department, Secretariat, Fort St. George, Chennai-09.

3.The Joint Director and Head of Zone, Central Bureau of Investigation, III Floor, E.V.K. Sampath Building, College Road, Chennai-06.

4.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

5.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District, Thoothukudi.

6.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Srivaigundam Sub-Division, Thoothukudi District.

7.The Inspector of Police, Srivaigundam Police Station, Thoothukudi District. ... Respondents. PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents 1 and 2 to appoint a competent police officer working under the respondent No.3 to 1/3

investigate the case in Crime No.147 of 2016 registered on the file of the respondent No.7, and to file final report before the competent Court of law in accordance with law. For Petitioner : Mr.S.Malaikani For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This criminal original petition has been filed to direct the respondents 1 and 2 to appoint a competent police officer working under the respondent No.3 to investigate the case in Crime No.147 of 2016 registered on the file of the respondent No.7, and to file final report before the competent Court of law in accordance with law.

2.The learned Government Advocate (Crl.side) on instructions would submit that the case has been investigated by the seventh respondent and the final report has already been filed before the learned Judicial Magistrate, Srivaikundam, in C.C.No.268 of 2016 and so far the same has not been taken on file and hence, at this stage transfer of investigation would not serve any purpose. 3.In the result, the Criminal Original Petition is dismissed. Consequently connected miscellaneous petition is closed. However, the petitioner is at liberty to challenge the final report in the manner known to law.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Vsg 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, The Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110001.

2/3

2.The Principal Secretary, Home Department, Secretariat, Fort St. George, Chennai-09.

3.The Joint Director and Head of Zone, Central Bureau of Investigation, III Floor, E.V.K. Sampath Building, College Road, Chennai-06.

4.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai.

5.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District, Thoothukudi.

6.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Srivaigundam Sub-Division, Thoothukudi District.

7.The Inspector of Police, Srivaigundam Police Station, Thoothukudi District.

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

and Crl.M.P.(MD).No.7814 of 2017 17.12.2020 VB (21.01.2021) 3P 9C 3/3