Kumaravel v. The Superintendent of Police

CRL MP(MD). No.4195 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Thursday, the Sixth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD). No.4195 of 2023 in CRL OP(MD).8652 of 2020 Kumaravel ... Petitioner/Petitioner Vs

¶1The Superintendent of Police Tirunelveli District Tirunelveli.

¶2The Inspector of Police Thirukurungudi Police Station, Tirunelveli District. in Crime No.94/2019.

¶3The Inspector of Police CB-CID, Tirunelveli.

... Respondents/Respondents Prayer :- This Criminal Miscellaneous petition is filed U/s.482 of Cr.P.C to recall the order dt.20.08.2020 made in Crl OP(MD) No.8652/2020 and consequently pass an order to transfer the investigation in Crime No.94/2019 from the 2nd Respondent Police to the 3rd Respondent Police or any other competent authority. Prayer in CRL OP(MD).8652 of 2020: Criminal Original Petition is filed under Section 482 of Cr.P.C to transfer the investigation in Crime No.94 of 2019 on the file of the second respondent to third respondent or any other competent authority. ORDER:- This Criminial Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. V.Sasikumar, Advocate for the Petitioner, M.Sakthikumar, Government Advocate for the Respondents, this Court made the following order: On the side of the petitioner it is stated that the case under Section 174 of Cr.P.C., was registered on 27.07.2009. When the petitioner approached the Court, he could not get copies of the final report. When the petitioner approached the respondent, it is stated that final report was filed before the Court within five days from the date of First Information Report. The case was closed. CRL MP(MD). No.4195 of 2023 Till today, charge sheet or final report was not filed before this Court.

¶2On the side of the prosecution, it is stated that final report was filed as 'action dropped' before the Tahsildar, Nanguneri in M.C.No.A8/43/19 on 30.07.2019 and the proceedings is pending before the revenue department. At the request of the petitioner, a copy of the final report was furnished to the petitioner today by the prosecution.

¶3In view of the above submissions, the prosecution is directed to file the entire records before the concerned Court. With the above direction, this Criminal miscellaneous petition is disposed of. Sd/- Assistant Registrar (CS-III) // True Copy // /04/2023 Sub Assistant Registrar(CS) PNN TO

¶1The Superintendent of Police Tirunelveli District Tirunelveli.

¶2The Inspector of Police Thirukurungudi Police Station Tirunelveli District.

¶3The Inspector of Police CB-CID, Tirunelveli.

¶4Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.V.Sasikumar, Advc,SR No.20052 ORDER DATED : 06/04/2023 ========================== ORDER ========================== CRL MP(MD). No.4195 of 2023 in CRL OP(MD).8652 of 2020

RD (25/04/2023) 2P 6C