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Madras High CourtWP(MD)/24565/2023disposed of

Kanagavel (M-43/2023) v. The Deputy Inspector General Of Police

2023-11-28Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P(MD) No.24565 of 2023 Kanagavel ... Petitioner Vs.

1.The Deputy Inspector General of Police, South Zone, Madurai.

2.The Superintendent of Police, Theni District.

3.Inspector of Police, Periyakulam Police Station, Periyakulam, Theni District.

4.Meenakshi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd Respondents to transfer the investigation pending before the 3rd Respondent police in Cr.No.131 of 2023 to a police officer not below the rank of Deputy Superintendent of Police and consequently directing to take appropriate action against the 4th Respondent and grant such other and further relief which this court.

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For Petitioner : Mr.P.Muthukumar For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

O R D E R

This Writ Petition is filed seeking issuance of Writ of Mandamus, directing the 1st and 2nd Respondents to transfer the investigation pending before the 3rd Respondent police in Cr.No.131 of 2023 to a police officer not below the rank of Deputy Superintendent of Police and consequently directing to take appropriate action against the 4th Respondent and grant such other and further relief which this court. 2.The learned Government Advocate (Crl. Side) would submit that now investigation has been completed. Final report is made ready. After completing the official formalities, it will be presented before the concerned special Court. The accused are going to be charged under Sections 9, 10 of Prohibition of Child Marriage Act, 2006 @ Sections 9, 10, 11 of Prohibition of Child Marriage Act, 2006 and Sections 5(1), 5(j) (ii), 6, 17 of POCSO Act.

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3.Now the grievance of the petitioner has been redressed and the matter become infructuous. There shall be a direction to the respondent police to file the final report within a period of fifteen days after completing the official formalities, if anything to be completed. 4.With the above said directions, this writ petition stands disposed of.

28.11.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To 1.The Deputy Inspector General of Police, South Zone, Madurai.

2.The Superintendent of Police, Theni District.

3.Inspector of Police, Periyakulam Police Station, Periyakulam, Theni District.

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

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G.ILANGOVAN, J TM Order made in Dated 28.11.2023 4/4