Madras High CourtCRL OP(MD)/3892/2013dismissed

B.Danial v. The Director General Of Police

2018-02-06Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.3892 of 2013 B.Danial ... Petitioner Vs.

1.The Director General of Police, Santhome, Chennai.

2.The Superintendent of Police, Tuticorin District, Tuticorin.

3.Inspector of Police, District Crime Branch, 4.Inspector of Police, 5.Sub Inspector of Police, 6.Inspector of Police, C.B.C.I.D., Madurai, Madurai District. ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to withdraw the investigation in Crime No.111 of 2012 on the file of the 4th respondent and in Crime No.12 of 2012 on the file of the 3rd respondent and to transfer the investigation to 6th respondent or to any other competent investigation agency.

For Petitioner : Mr.S.J.Chakkaravarthy For M/s.Eddy and Emboss For Respondents : Mr.A.Robinson, G.A.(Crl.side)

ORDER

This Criminal Original Petition has been filed to direct the respondents to withdraw the investigation in Crime No.111 of 2012 on the file of the 4th respondent and Crime No.12 of 2012 on the file of the 3rd respondent and to transfer the investigation to 6th respondent or to any other competent investigation agency. 2.The petitioner herein is the de facto complainant in Crime Nos.111 of 2012 and 12 of 2013. Now as per the submissions made by the learned Government Advocate (Crl.side) appearing for the State, in Crime No.111 of 2012, after completing the investigation, charge sheet has been filed and same was taken on file as C.C.No.88 of 2012. He further added that now the case was posted for examination of the prosecution witnesses 1 to 3. 3.On the same way the learned Government Advocate (Crl.side) submitted that in Crime No.12 of 2012, the learned Judicial Magistrate No.III, Thoothukudi passed an order dated 16.12.2017, directing the Deputy Superintendent of Police, Thoothukudi to investigate the matter and filed an enquiry report, within a period of three months.

4.Considering submission made by the learned Government Advocate (Crl.side) and also considering the order passed by the learned Judicial Magistrate No.III, Thoothukudi, the prayer sought for in this Criminal Original petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Director General of Police, Santhome, Chennai.

2.The Superintendent of Police, Tuticorin District, Tuticorin.

3.Inspector of Police, District Crime Branch, 4.Inspector of Police,

5.Sub Inspector of Police, 6.Inspector of Police, C.B.C.I.D., Madurai, Madurai District.

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

+1CC TO M/S.S.J.CHAKKARAVARTHY, ADVOCATE, SR NO.46967 Crl.O.P.(MD)No.3892 of 2013 06.02.2018 gns MS/SKN-RSK/SAR-1/26.03.2018/3P.9C