N.Pappathi, v. the Superintendent of Police
Case brief
What is this about?
Petitioner sought transfer of investigation and quashing of closure report in a fraud case involving forged documents. Court noted investigation closed but declined direct interference, directing petitioner to file/protest application before jurisdictional Magistrate.
What did the court decide?
Criminal Original Petition closed with liberty to file protest application before judicial magistrate within four weeks for further action on investigation closure.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 18.04.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
CRL.O.P.(MD)No.4364 of 2017
N.Pappathi : Petitioner/Defacto Complainant Vs.
1.The State of Rep.by The Superintendent of Police, Karur District, Karur.
2.The Inspector of Police, District Crime Branch, Karur District. (In Crime No.12 of 2012).
3.The Inspector of Police, CBCID, Karur District. : Respondents/Complainants
Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to set aside the closure report filed by the second respondent in Crime No.12 of 2012 and further, to order change of investigation in Crime No.12 of 2012 from the file of the second respondent and entrust the same to the third respondent for investigation of the case by a competent officer and to file a final report before the appropriate jurisdictional Magistrate, within the time stipulated by this Court.
Issues for consideration
3 issues framed by the court
Whether the Criminal Original Petition seeking transfer of investigation and setting aside closure report should be disposed of while investigation is closed.
Whether the de facto complainant can seek further investigation or transfer after a closure report is filed by the police.
Whether this Court should intervene through inherent powers at this stage or allow the Magistrate to handle the protest application.
Parties & counsel
- petitioner
N. Pappathi
- respondent
State of Rep. by The Superintendent of Police, Karur District
- respondent
Inspector of Police, District Crime Branch, Karur District
- respondent
Inspector of Police, CBCID, Karur District
Coram
Case details
As recorded by the court registry
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