Madras High CourtCRL OP(MD)/12191/2013dismissed

Santhi v. The Director Gfeneral Of

2018-02-12Honourable Mr Justice R. Pongiappan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018

CORAM

THE HONOURABLE MR. JUSTICE R.PONGIAPPAN Crl.O.P.(MD).No.12191 of 2013 Santhi ... Petitioner/Defacto complainant Vs.

1. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 4.

2. The Superintendent of Police, Kanyakumari District, Nagercoil.

3. The Joint Director, Central Bureau of Investigation, 3rd Floor, EVK.Sampath Building, College Road, Chennai - 6.

4. The Secretary to Government, Home Department, Fort St. George, Chennai.

... Respondents/Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to transfer the case in Crime No.264/2013 registered by the Poothapandi Police Station and entrust the same to the 3rd respondent with the assistance of 1st and 4th respondents for investigation of the case by a competent officer and file a final report before the jurisdictional court within the time limit that may be stipulated by this Court.

For Petitioner : Mr.S.Sureshkumar For Respondents Nos. : Mr.A.Robinson, 1,2 & 4 : Government Advocate (Crl. Side) For Respondent No.3 : Mr.N.Nagendran https://hcservices.ecourts.gov.in/hcservices/ Special Public Prosecutor

O R D E R

The petitioner herein is the defacto complainant in Crime No.264/2013. Now, he filed this application to change the investigation agency from the Superintendent of Police, Kanniyakumari District to the Central Bureau of Investigation. 2.Today when this petition is taken up for hearing the learned Government Advocate (Crl. Side) made a submission that on 29.10.2014 itself, the defacto complainant and the persons who are arrayed as accused in the above said Crime Number filed a memo of compromise, before this Court and thereafter after elaborate enquiry this Court closed the FIR No.264/2013, dated 07.07.2013. In order to show his bonafideness, he submitted the copy of the order passed by this Court in Crl.O.P.(MD).No.19534/2014, dated.29.10.2014. Accordingly, as per the order passed in the above said petition, the prayer sought by the petitioner in this application is become infructous and this criminal original petition is dismissed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Director General of Police, Dr.Radhakrishnan Salai, Mylapore,Chennai - 4.

2. The Superintendent of Police, Kanyakumari District,Nagercoil.

3. The Joint Director, Central Bureau of Investigation, 3rd Floor, EVK.Sampath Building, College Road,Chennai - 6.

4. The Secretary to Government, Home Department, Fort.St.George,Chennai.

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

TM MV:KK:SAR1:26/02/2018/2P/6C Crl.O.P.(MD)No.12191 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 12.02.2018