In this Criminal Original Petition under Section 482 Cr.P.C., the petitioner sought transfer of investigation to another agency. The Court found the investigation was completed and the FIR closed due to mistake of fact, thus dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P(MD)No.3377 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.3377 of 2022
Selvakumar ... Petitioner
Thirumangalam Town Police Station,
Madurai District. (Crime No.48 of 2021) ... Respondents
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to transfer the investigation of the case in Crime No.48 of 2021 on the file of the third respondent to any other investigating agency.
For Petitioner : Mr.K.Navaneetharaja
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed seeking a direction to transfer the investigation of the case in Crime No.48 of 2021 on the file of the third respondent to any other investigating agency.
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Crl.O.P(MD)No.3377 of 2022
Sd/-
Assistant Registrar (Writs)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
mga
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
| 1. The Superintendent of Police, | |
|---|---|
| O/o. the Superintendent of Police, Madurai District. |
|
| 2. The Deputy Superintendent of Police, Thirumangalam Division, Madurai District. |
|
| 3. The Inspector of Police, Thirumangalam Town Police Station, Madurai District. |
|
| 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. |
|
| Crl.O.P(MD)No.3377 of 2022 | |
| 05.04.2022 | |
| RK(26/04/2022) 2P 5C |
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1 issue framed by the court
Whether the Criminal Original Petition appealing against the closure of case due to mistake of fact is maintainable.
1 provisions across 1 enactments
Selvakumar
The Inspector of Police, Thirumangalam Town Police Station, Madurai District
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
