Madras High CourtCRL OP(MD)/18968/2019closed

P. Elangovan v. The Superintendent Of Police

2019-12-18Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.18968 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.18968 of 2019 P.Elangovan ... Petitioner Vs

1. The Superintendent of Police, Office of the Superintendent of Police, Tiruchirapalli District.

2. The Inspector of Police, Thiruverumbur Police Station, Tiruchirappalli District.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the first respondent to withdraw the petitioners complaint dated 29.11.2019 pending before the respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the complaint based on the petitioner's representation dated 03.12.2019. For Petitioner : Mr.V.Selva For Respondents : Mrs.S.Bharathi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the first respondent to withdraw the petitioners complaint dated 29.11.2019 pending before the respondent No.2 and entrust the same to any other officer not below the rank of Deputy Superintendent of Police for investigation of the complaint based on the petitioner's representation dated 03.12.2019.

2. Today, when the matter is taken up for hearing the learned Government Advocate(Crl.Side) would submit that based on the complaint given by the petitioner enquiry was conducted in CSR No. 581 of 2019 by the second respondent and after due enquiry it was found that no such occurrence has taken place and thereby the respondent has closed the petition.

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Crl.O.P.(MD)No.18968 of 2019

3. At this juncture, the learned counsel for the petitioner would submit that no proper enquiry was conducted.

4. In view of the same, this Criminal Original Petition is closed granting liberty to petitioner to proceed in accordance with law.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Office of the Superintendent of Police, Tiruchirapalli District.

2. The Inspector of Police, Thiruverumbur Police Station, Tiruchirappalli District.

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

+1 CC to M/s.V.SELVA, Advocate ( SR-106367[F] dated 20/12/2019 ) AAV TE : 03/01/2020 : 2P/5C Crl.O.P.(MD)No.18968 of 2019 18.12.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2