In a criminal original petition for transfer of investigation under Section 482 CrPC, the Madurai Bench of Madras High Court closed the petition as no further order was required after recording that the investigation had been completed with an 'action dropped' report. The order was brief and procedural.
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.1573 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.07.2024
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
Crl.OP(MD)No.1573 of 2023
A.Gabriyel Sahaya Mary ... Petitioner Vs 1.The Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, Traffic Investigation Wing I Police Station, Madurai City, Madurai (Crime No.66 of 2021).
3.The Inspector of Police, CBCID, Madurai, Madurai District. ...Respondents
Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate Court No.I, Madurai to take on file the Protest Petition filed in unnumbered Cr.MP.No. of 2022 in Crime No.66 of 2021 on the file of the 1st respondent and consider the same and consequently transfer the investigation of the Crime No.66 of 2021 to the third respondent or any other Agency or any other competent Officer.
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Crl.O.P.(MD)No.1573 of 2023
For Petitioner : Mr.S.Royce Emmanuel For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O R D E R
The petitioner/ the defacto complainant in Crime No.66 of
2021, on the file of the first respondent police has filed this Criminal Original Petition, seeking transfer of the investigation from the file of the first respondent to some other investigating agency.
2.Today(15.07.2024), when this Criminal Original Petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondents submits that the respondent police has completed the investigation and filed the final report as ''action dropped''.
3.In reply, the learned counsel for the petitioner disputed the
same and submits that on the protest petition filed by the petitioner, the learned Judicial Magistrate No.I, Madurai has ordered for a further investigation in this case and now the respondent police, after conducting re-investigation has filed the final report before the Judicial Magistrate Court No.I, Madurai and the same was taken on file in STC No.2619 of
2023, dated 27.07.2023 and the case is posted to 29.08.2023.
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Crl.O.P.(MD)No.1573 of 2023
4.Recording the submissions made by either side counsel,
this Criminal Original petition is closed as no further order is required to
be passed.
15.07.2024
NCC : Yes/No Index : Yes/No vrn
To
3.The Inspector of Police, CBCID, Madurai, Madurai District.
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Crl.O.P.(MD)No.1573 of 2023
B.PUGALENDHI,J
vrn
Order made in Crl.OP(MD)No.1573 of 2023
15.07.2024
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Gabriyel Sahaya Mary
Commissioner of Police, Madurai City, Madurai
B.Puglendori
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
