1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.07.2011 CORAM: THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD) No.9040 of 2011 Sivadhanu .. Petitioner -Vs- The State Rep.by The Inspector of Police, Eraniel Police Station, Kanyakumari District. .. Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to transfer the investigation to some other competent authority. For Petitioner :Mr.R.Russel Raj For Respondent :Mr.K.V.Rajarajan, Govt.Advocate(Crl.Side) ORDER The petitioner approaches this court with a prayer to transfer the investigation to some other competent authority. 2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondents. 3.The learned Counsel appearing for the petitioner submits that on the basis of complaint given by the petitioner/de-facto complainant the case has been registered on 12.07.2011 for the alleged commission of offences punishable under Sections 147,447,294(b),427 and 506(ii) IPC in Crime No.320 of 2011. After registration of the case the respondent has not shown any interest to investigate the matter and file charge sheet and no arrest has been made. Hence, he seek for withdrawing the case from the file of Inspector of Police,Eraniel, and to transfer to any other neutral Investigation Officer. https://hcservices.ecourts.gov.in/hcservices/ 2 4.At this juncture, the learned Government Advocate(Crl.Side) submits that already final report has been filed as mistake of fact on 12.07.2011 before the learned Judicial Magistrate, Eraniel. 5.Considering the rival submissions on both sides, and also the fact that the respondent has already filed the final report as mistake of fact the respondent is directed to serve the referral notice to the petitioner and the petitioner is given liberty to agitate the same after the receipt of referral notice. 6.With the above directions, the Criminal Original Petition is disposed of. Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1. The Inspector of Police, Eraniel Police Station, Kanyakumari District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai. Crl.O.P.(MD)No.9040 of 2011 21.07.2011 gsr PA/02.08.2011/2P/3C https://hcservices.ecourts.gov.in/hcservices/