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Madras High CourtCRL OP(MD)/21762/2022disposed of

P.Asha v. The Superintendent Of Police

2022-12-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Asha ... Petitioner Vs.

1.The State of Tamil Nadu, represented by the Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

(Crime No.339 of 2020) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to transfer the investigation in Crime No.339 of 2020 on the file of the second respondent to any other competent authority to conduct a free and fair investigation not below the rank of Inspector of Police and to file a final report within a stipulated time.

For Petitioner : Mr.V.Balaji Rajaram For Respondents : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the first respondent to transfer the investigation in Crime No.339 of 2020 on the file of the second respondent to any other competent authority to conduct a free and fair investigation not below the rank of Inspector of Police and to file a final report within a stipulated time.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that the second respondent police, after completing the investigation, has laid the charge sheet before the learned Judicial Magistrate No.I, Nagercoil and the same was taken on file in C.C.No.966 of 2022 and that the case stands posted for trial on 31.01.2023.

3. In view of the above submission made by the learned Government Advocate (Criminal Side), nothing survives for further 2/4

adjudication and hence, this Criminal Original Petition stands dismissed as infructuous.

09.12.2022 Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 09.12.2022 4/4