Madras High CourtCRL OP(MD)/15050/2017closed

Manoharan v. The Superintendent Of Police

2019-09-27Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.[MD].No.15050 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.15050 of 2017 Manoharan : Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Pollice, Krishanankovil Police Station, Virudhunagar District, Crime No.164 of 2017) 3.The Inspector of Police, CBCID Virudhunagar, Virudhunagar District.

: Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to issue a direction to transfer the investigation in the FIR in Crime No.164 of 2017, on the file of the second respondent to the third respondent.

For Petitioner : Mr.I.Velpradeep For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to issue a direction to transfer the investigation in the First Information Report in Crime No.164 of 2017, on the file of the second respondent to the third respondent.

2. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that a closure report has been filed before the Court below as "un-detected". It is nowa settled law that a closure report cannot be filed as "un-detected", since it is only a stage in investigation. Usual reference can be made to the Judgment of this Court in the case of K.Sugumari Vs. The Superintendent of Police, Virudhunagar District and others reported in 2018 (2) LW Crl 636.

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Crl.O.P.[MD].No.15050 of 2017 3.The Criminal Original Petition is disposed of with a direction to the respondent Police to continue with the investigation and file a final report as expeditiously as possible. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Pollice, Krishanankovil Police Station, Virudhunagar District, 3.The Inspector of Police, CBCID Virudhunagar, Virudhunagar District.

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

Crl.O.P.[MD].No.15050 of 2017 27.09.2019 tsg MK (17.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2