C.Muthumari v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.21984 of 2022 C.Muthumari ... Petitioner Vs.
1.The Superintendent of Police, SH 441 District Collectorate Campus, Sulakkarai, Virudhunagar, Virudhunagar District-626 002.
2.The Deputy Superintendent of Police, Special using Department of Land Grabbing, Section-land grabbing-Sulakkarai Police Station, SH-441 District Collectorate Campus, Sulakkarai, Virudhunagar, Virudhunagar District-626 002.
3.The Inspector of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District-626 141.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to transfer the investigation, which is pending 1/5
before the third respondent to the second respondent for further investigation on the complaint dated 22.11.2022 . For Petitioner : Mr.S.M.Ramsiva For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., to transfer the investigation, which is pending before the third respondent to the second respondent for further investigation on the complaint dated 22.11.2022 .
2. The grievances of the petitioner is that her legal heirs alleged to have a copy application in O.S.No.27 of 2014 of the Additional District Court, Virudhunagar, stating the compromise reached between the parties. The above said copy was presented before the Registration Authority. On the basis of the above said copy application, several documents have been registered, over which, the petitioner gave a complaint. However, without noticing the fraudulent activities, the Investigating Officer closed the complainant stating that it is purely civil in nature.
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3. A perusal of closure report shows that suit is pending between the parties before the Additional District Court, Virudhunagar. The parties have to workout their remedy in the above said suit only. If they are aggrieved over the out come of the suit, remedy is to seek through proper proceedings.
4. At this stage, the transfer of enquiry to the second respondent is not permissible. Accordingly, this Criminal Original Petition is dismissed, as infructuous. If he is aggrieved by the closure, he can work out the remedy through appropriate proceedings, if so advised. 23.03.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No tta (Note: Issue order copy on 27.03.2023) 3/5
To 1.The Superintendent of Police, SH 441 District Collectorate Campus, Sulakkarai, Virudhunagar, Virudhunagar District-626 002.
2.The Deputy Superintendent of Police, Special using Department of Land Grabbing, Section-land grabbing-Sulakkarai Police Station, SH-441 District Collectorate Campus, Sulakkarai, Virudhunagar, Virudhunagar District-626 002.
3.The Inspector of Police, Malli Police Station, Srivilliputhur Taluk, Virudhunagar District-626 141.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN,J tta Order made in Crl.O.P.(MD)No.21984 of 2022 Dated : 23.03.2023 5/5