Maruthurajan v. The Superintendent of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2023 CORAM: THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.20231 of 2022 Maruthurajan ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Virudhunagar District.

3.The Sub-Inspector of Police, Amathur Police Station, Virudhunagar District. ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the first respondent to withdraw the case in Crime No. 152 of 2022 from the third respondent and transfer the investigation in Crime No.152 of 2022 on the file of the third respondent to the second respondent. For Petitioner : Mr.S.M.A.Jinnah For Respondent : Mr.S.S.Madhavan Government Advocate (Crl.side) O R D E R

This Criminal Original Petition is filed seeking for transfer of investigation in Crime No.152 of 2022 registered against the accused on the file of the third respondent Police for the offence punishable under Sections 149, 451, 454, 380 and 427 IPC to the second respondent Police.

¶2When the matter is taken up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents Police submits that the FIR in Crime No.152 of 2022 was closed as mistake of fact and accordingly, a report was filed on 20.03.2023 before the learned Judicial Magistrate No.II, Virudhunagar.

¶3Since the purpose for which the present petition has been filed has already been defeated on account of closure of FIR, this Criminal Original Petition is dismissed as infructuous. Index : Yes/No

28.08.2023 Internet : Yes/No ssb To

1.The Superintendent of Police, O/o.The Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Virudhunagar District.

3.The Sub-Inspector of Police, Amathur Police Station, Virudhunagar District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. DR.D.NAGARJUN. J.

ssb

28.08.2023