P. Periasamy v. The Director General Of Police

Crl.O.P.(MD)No.18029 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.18029 of 2019 P.Periasamy : Petitioner Vs.

1.The Director General of Police DGP Office, Kamarajar Salai, Chennai

2. The Deputy Inspector General of Police Ramanathapuram Division, Ramanathapuram

3. The Superintendent of Police Ramanathapuram District

4. The Deputy Superintendent of Police Ramanathapuram Division, Ramanathapuram

5. The Inspector of Police CBCID, Ramanathapuram, Ramanathapuram District

6. The Inspector of Police Railway Police Station Rameswaram, Ramanathapuram District : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to transfer the investigation of Crime No.119/2017 from the file of the 6th Respondent to 5th Respondent or any other independent Investigation Officer under the supervision of the 3rd Respondent For Petitioner : Mr.PT.S. Narendravasan For Respondents : Mrs.S.Bharathi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation in Crime No.119/2017 from the file of the 6th respondent to 5th respondent or any other independent Investigation Officer under the supervision of the 3rd Respondent 2.When the matter is taken up for hearing, the learned Government Advocate (Crl.side) appearing for the respondents would submit that investigation has been completed, 11 witnesses have been examined and final report has been filed as "suicidal death". https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18029 of 2019 3.At this juncture the learned counsel for the petitioner would submit that no notice has been served to the petitioner. 4.It is made clear that law mandates notice on the complainant/ victim before the final report is accepted by the Court. Hence, this Criminal Original Petition is dismissed. However if the RCS notice is not served on the petitioner, the petitioner is at liberty to file protest petition before the concerned Magistrate. The learned Magistrate is directed to hear the same and pass orders in accordance with law.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) To 1.The Director General of Police DGP Office, Kamarajar Salai, Chennai

2. The Deputy Inspector General of Police Ramanathapuram Division, Ramanathapuram

3. The Superintendent of Police Ramanathapuram District

4. The Deputy Superintendent of Police Ramanathapuram Division, Ramanathapuram

5. The Inspector of Police CBCID, Ramanathapuram Ramanathapuram District

6. The Inspector of Police Railway Police Station Rameswaram, Ramanathapuram District 7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.PT.S.NARENDRAVASAN, Advocate (SR-103330[F] 04/12/2019 ) Crl.O.P.(MD)No.18029 of 2019 03.12.2019 aav SDS (20.12.2019) 2P 9C https://hcservices.ecourts.gov.in/hcservices/ 2/2