Madras High CourtCRL OP(MD)/17863/2024disposed of

T.Naganathan v. The State Of Tamilnadu Rep. By

2024-10-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR T.Naganathan : Petitioner Vs.

1.State of Tamil Nadu rep.by The Superintendent of Police (Crime), Virudhunagar District, Virudhunagar.

2.State through the Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

Crime No.19 of 2021.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to transfer the investigation in Crime No.19 of 2021, dated 24.01.2021 on the file of the second respondent to some other competent police officials and conduct fair and impartial investigation based on the representation, dated 08.10.2024 in accordance with law.

For Petitioner : Mr.P.N.Vengadeswaran, For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS, seeking orders, to transfer the investigation in Crime No.19 of 2021, dated 24.01.2021 on the file of the second respondent to some other competent police officials and conduct fair and impartial investigation based on the representation, dated 08.10.2024 in accordance with law.

2. It is evident from the records that on the basis of the complaint given by the petitioner, FIR in Crime No.19 of 2021 came to be registered on 24.01.2021 for the alleged offence under Sections 454 and 380 of IPC.

3. The learned Government Advocate (Criminal Side) would submit that the second respondent, after completing the investigation, has filed the final report before the jurisdictional Court as 'undetected' and RCS notice sent to the petitioner was returned as 'unserved'.

4. Recording the submission made by the learned Government Advocate (Criminal Side), the second respondent is directed to serve RCS notice on the petitioner immediately. The petitioner is at liberty to file protest petition, if so advised.

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5. With the above direction, this Criminal Original Petition stands disposed of.

19.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das To

1. The Superintendent of Police (Crime), Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 19.10.2024 4/4