Madras High CourtCRL OP(MD)/11713/2017dismissed as infructuous

Paulraj, v. The Commissioner Of Police,

2020-12-08Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.OP(MD)No.11713 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 08.12.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.11713 of 2017 Paulraj : Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Thatchanallur Police Station, Tirunelveli City.

(Crime No.340 of 2017) 3.The Inspector of Police, CBCID, Tirunelveli City. : Respondents Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, to withdraw the case in Crime No.340 of 2017 from the file of the 2nd respondent and transfer the same to the file of the 3rd respondent with a direction to investigate into the case and lay final report in accordance with law. For Petitioner : Mr.R.Gandhi For Respondents : Mr.K.Karmegam Government Advocate (Criminal side)

O R D E R

(Thro' VC) This Criminal Original Petition is filed to withdraw the case in Crime No.340 of 2017 from the file of the 2nd respondent and transfer the same to the file of the 3rd respondent with a direction to investigate into the case and lay a final report in accordance with law.

2.The case of the prosecution is that on 14.07.2017, the petitioner along with his employee Bilton visited Chidambaram Nagar in Thatchanallur, at that time, six persons came in two bicycle and they indiscriminately attacked the petitioner with wooden log after spraying Chilli Powder and thereafter, they robbed away money consisting of demonetized notes to the tune of three crores and mobile phones and also threatened the petitioner with dire consequences. Hence, this case.

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Crl.OP(MD)No.11713 of 2017 3.When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents submitted that in this case, after completing the investigation, charge sheet has been filed before the trial court namely the Judicial Magistrate No.IV, Tirunelveli.

4.The said fact is not disputed by the learned counsel appearing for the petitioner.

5.Recording the above, this court is of the view that there is no necessity to keep this criminal original petition pending and accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) er To 1.The Judicial Magistrate No.IV, Tirunelveli.

2.The Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Thatchanallur Police Station, Tirunelveli City.

4.The Inspector of Police, CBCID, Tirunelveli City 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.OP(MD)No.11713 of 2017 08.12.2020 KM (08.01.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2