Madras High CourtCRL OP(MD)/23097/2023dismissed as infructuous

Poomayil v. The Superintendent Of Police

2023-12-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Poomayil ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Koodakovil Police Station, Madurai District ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to transfer the investigation in Crime No. 160/2023 on the file of the 3rd respondent to some other investigation officer/agency under the control of the 1st respondent and consequently investigate the same in accordance with law and to file final report within the period stipulated by this Court.

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For Petitioner : Mr.S.Murugapandi For Respondents : Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.side)

ORDER

This Criminal Original Petition is filed to transfer the investigation in Crime No.160/2023 on the file of the 3rd respondent to some other investigation officer/agency under the control of the 1st respondent and consequently investigate the same in accordance with law and to file final report within the period stipulated by this Court.

2. Learned counsel for the petitioner submitted that a case and a counter case has been filed over the dispute. The grievance of the petitioner is that eventhough, in the counter case, charge sheet has been filed, but the complaint given by the petitioner was closed as mistake of fact.

3. Learned Additional Public Prosecutor submitted that the petitioner's complaint was closed and RCS notice was served on 06.10.2023 itself.

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4. Let another copy of the closure report be served upon the learned counsel for the petitioner, so that the petitioner can work out remedy through appropriate proceedings, if he is so aggrieved. Since the complaint has been closed, nothing survives for adjudication in this case.

5. Accordingly, this Criminal Original Petition is dismissed as infructuous.

21.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Superintendent of Police, O/o.The Superintendent of Police, Madurai.

2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.

3.The Inspector of Police, Koodakovil Police Station, Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

G.ILANGOVAN ,J.

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