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Madras High CourtWP(MD)/17057/2017closed

M.Selvi, v. The State Of Tamil Nadu,

2021-02-15Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN and WMP(MD)Nos.13626 & 16362 of 2017 M.Selvi ... Petitioner -Vs1.The State of Tamilnadu, Represented by the Principal Secretary, Department of Home, Secretariat, Fort St George, Chennai.

2.The State of Kerala, Rep by the Principal Secretary, Department of Home Secretariat Building, Thiruvanandapuram, Kerala.

3.The Director General of Police, Government of Kerala, O/o Director General of Police, Tiruvnandapuram, Kerala.

4.The Superintendent of Police, O/o the Superintendent of Police, Dindigul District, Dindigul.

5.The Joint Director and Head of the Zone, Central Bureau of Investigation (CBI) III rd Floor, E.V.K.Sampath Building, College Road, Chennai.

6.The Inspector of Police, Silaiman Police Station, Madurai District.

(Crime No.414 of 2017) ... Respondents 1/3

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the change of investigation by Respondent No.5 in Crime No..414 of 2017 under Sections 174 Cr.P.C. r/w Section 176 (1A) (1) Cr.P.C on the file of the Respondent No.6 by a Competent Officer and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R1, R4 to R6 : Mr.M.Ganesan Government Advocate (Crl.Side) For R2 & R3 : Mr.A.K.Baskara Pandian

ORDER

This petition has been filed for seeking a direction to direct the change of investigation by the Respondent No.5 in Crime No..414 of 2017 under Sections 174 Cr.P.C. r/w Section 176 (1A) (1) Cr.P.C on the file of the Respondent No.6 by the Competent Officer and file a final report before the Jurisdictional Magistrate. 2.The learned counsel for the second respondent would submit that the case has been transferred to CBCID, Madurai, and now, it is pending in Crime No.1 of 2018 and hence, nothing survives in this writ petition for further adjudication.

3.Recording the said submission made by the learned counsel for the second respondent, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 2/3

1.The Principal Secretary, State of Tamilnadu, Department of Home, Secretariat, Fort St George, Chennai.

2.The Principal Secretary, State of Kerala, Department of Home Secretariat Building, Thiruvanandapuram, Kerala.

3.The Director General of Police, Government of Kerala, O/o Director General of Police, Tiruvnandapuram, Kerala.

4.The Superintendent of Police, O/o the Superintendent of Police, Dindigul District, Dindigul.

5.The Joint Director and Head of the Zone, Central Bureau of Investigation (CBI) III rd Floor, E.V.K.Sampath Building, College Road, Chennai.

6.The Inspector of Police, Silaiman Police Station, Madurai District.

+1 CC to Mr.T.LAJAPATHI ROY, Advocate ( SR-5274[F] dated 16/02/2021 ) +1 CC to Mr.A.K.BASKARAPANDIAN, Advocate ( SR-5290[F] dated 16/02/2021 ) and WMP(MD)Nos.13626 & 16362 of 2017 15.02.2021 VB (03.03.2021) 3P 9C 3/3