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Madras High CourtCRL OP(MD)/17232/2017dismissed as infructuous

Ganapathi v. The Director General Of Police

2020-09-24Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 24.09.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.17232 of 2017 I.Ganapathi : Petitioner Vs.

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

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

3. The Inspector of Police, Sri Vaigundam Police Station, Thoothukudi District.

4. The Sub Inspector of Police, Sri Vaigundam Police Station, Thoothukudi District. : Respondents Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, to direct the respondents 1 and 2 to transfer the investigation of the case in Crime No.357 of 2017 from the file of the respondents 3 and 4 to some other competent police officer to complete the investigation and to file final report before the competent court within a time stipulated by this court. For Petitioner : Ms.M.Manimegalai For Respondents : Mr.R.Srinivasan Government Advocate (Criminal side)

O R D E R

(Thro' VC) This Criminal Original Petition is filed to direct the respondents 1 and 2 to transfer the investigation of the case in Crime No.357 of 2017 from the file of the respondents 3 and 4 to some other competent Police Officer to complete the investigation and to file a final report before the competent court within a time stipulated by this court.

2.When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents submitted that the Investigating Officer has duly conducted the https://hcservices.ecourts.gov.in/hcservices/

investigation and on the basis of the statements of witnesses, closed the case in Crime No.357 of 2017 as "Mistake of Fact" and a report was also filed before the Judicial Magistrate, Srivaikundam to that effect.

3.Recording the above, this Criminal Original Petition is dismissed as infructuous. However, the petitioner is at liberty to work out his remedy before the appropriate forum in the manner known to law.

Sd/- Assistant Registrar (A.E) // True Copy // / /2020 Sub Assistant Registrar(CS) er To

1. The Judicial Magistrate, Srivaigundam.

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

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

4. The Inspector of Police, Sri Vaigundam Police Station, Thoothukudi District.

5. The Sub Inspector of Police, Sri Vaigundam Police Station, Thoothukudi District.

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

Crl.OP(MD)No.17232 of 2017 24.09.2020 SR(CO) CS(16.10.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/