Madras High CourtCRL OP(MD)/15297/2017dismissed as infructuous

N.Shanmugavel v. The Inspector Of Police

2020-12-03Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.12.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.15297 of 2017 N.Shanmugavel : Petitioner Vs.

1.State represented by The Inspector of Police, Thiruvembur Police Station, Tiruchirapalli.

2.The Superintendent of Police, Tiruchirapalli-1.

: Respondents Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, directing transfer of investigation in Crime No.263 of 2017 of Thiruverambur Police Station, Tiruchirapalli, be handed over to some higher police officer in the CBCID Wing.

For Petitioner : Mr.V.Kumar For Respondents : Mr.K.Karmegam Government Advocate (Criminal side)

O R D E R

(Thro' VC) This Criminal Original Petition is filed seeking for a direction to transfer the investigation in Crime No.263 of 2017 on the file of the 1st respondent police and hand over the same to some other higher police officer in the CBCID Wing. 2.The case of the prosecution is that the petitioner was having some land dispute and A1 approached the petitioner that they would settle the dispute amicably by utilising their political influence and promised to resolve the said land problem and on the basis of the friendship, A1 received Rs.36,75,000/- in various instalments through his bank account as well as through his son's account and some other persons' account and later, he did not return the said amount as promised and when it was demanded, all the accused persons threatened the de-facto complainant with dire consequences.

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.VI, Tiruchirappalli and it is yet to be taken on file.

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

5.Recording the above submission of the learned Government Advocate (Criminal side), this court is of the view that there is no need to keep this criminal original petition pending and accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2021 Sub Assistant Registrar(CS) er To, 1.The Inspector of Police, Thiruvembur Police Station, Tiruchirapalli.

2.The Superintendent of Police, Tiruchirapalli-1.

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

Copy To:- The Judicial Magistrate No.VI,Tiruchirapalli. Crl.OP(MD)No.15297 of 2017 03.12.2020 (SMV)CO AP(11/02/2021) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/