Duraisamy, v. The Commissioner Of Police,

1 Crl.O.P.(MD).No.14091 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.14091 of 2017 Duraisamy

...Petitioner

Vs.

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

2.The Joint Director, CBI Office, Shastri Nagar, Adayar, Chennai-20.

3.The Inspector of Police, City Crime Branch, Trichy.

(Crime No.12 of 2014) 4.The State Bank of India, represented by its Branch Manager, Chinnakadaiveethi Branch, Chinnakadaiveethi, Trichy-2.

5.G.Katheerasan 6.V.Muthaiyan

...Respondents

(Respondents 4 to 6 impleaded as per order of this Court made in Crl.M.P.(MD).Nos.10261 of 2017 and 511 of 2018 in Crl.O.P.(MD).No.14091 of 2017 dated 29.01.2018) PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to withdraw Crime No.12 of 2014, for the offence punishable under Section 406, 409, 417, 420 and 120 (b) of the Indian Penal Code from the file of the third respondent and may transfer the same to the second respondent Office by consequently direct the second respondent to entrust the investigation to respective officers and complete the investigation within a specified period.

For Petitioner : Mr.K.P.Narayanakumar For R-1 to R-3 : Mr.S.Chandrasekar Additional Public Prosecutor https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 Crl.O.P.(MD).No.14091 of 2017

O R D E R

This Criminal Original Petition has been filed to withdraw Crime No.12 of 2014 from the file of the third respondent and transfer the same to the second respondent Office by consequently direct the second respondent to entrust the investigation to the respective officers and also to complete the investigation within a specified period.

2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions, submitted that after the investigation, the matter has been referred as "Mistake of fact" and a closure report has been filed before the Judicial Magistrate Court No.I, Trichy and RCS (Referred Charge Sheet) Notice has also been served on the petitioner.

3.Recording the same, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar(AD-II) // True Copy // Sub Assistant Registrar(CS) tsg To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Joint Director, CBI Office, Shastri Nagar, Adayar, Chennai-20.

3.The Inspector of Police, City Crime Branch, Trichy.

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

Crl.O.P.(MD).No.14091 of 2017 27.09.2019 KG(CO) TR(22.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4