1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2011 CORAM: THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.12142 of 2011 C.Murugan ... Petitioner Vs. 1.The Superintendent of Police, Kanyakumari District, Nagercoil. 2.The Inspector of Police, Kolachel Police Station, Kolachel, Kanyakumari District. 3.The Inspector of Pollice, CBCID Branch, Nagercoil, Kanyakumari District. ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to direct the first respondent to withdraw the case in Crime No.245 of 2011 on the file of the second respondent and transfer the same to the third respondent, investigate the same and to file final report in accordance with law. For Petitioner : Mr.C.Raja Kumar For Respondents : Mr.K.V.Rajarajan Govt. Advocate ORDER This Criminal Original Petition has been filed to direct the first respondent to withdraw the case in Crime No.245 of 2011 from the file of the second respondent and transfer the same to the file of third respondent, investigate the same and to file final report, in accordance with law. 2. Heard the learned counsel for the petitioner and the learned Learned Government Advocate (Crl. Side) for the respondents. 3. It is the specific case of the petitioner that for the very same occurrence, the second respondent has registered a complaint against the petitioner. But refused to receive the complaint given by the petitioner. Therefore, the petitioner has filed a petition https://hcservices.ecourts.gov.in/hcservices/ 2 under Section 156(3) Cr.P.C., and pursuant to the direction issued by the learned Magistrate concerned, the complaint has been registered. 4. However, it is submitted by the learned counsel for the petitioner that insofar as the complaint given against the petitioner is concerned, charge sheet has been filed and attempts are being made to close the complaint given by the petitioner as "Mistake of Fact". The learned counsel appearing for the petitioner submitted that since it is the case of two complaints, one given by the petitioner and another one against him, the second respondent is duty bound to file a charge sheet in the complaint given by the petitioner as well. 5. Since the second respondent has already refused to act in respect of registration of the case, which has been done only in pursuant to the direction of the learned Magistrate concerned and there is attempt to close the complaint given by the petitioner, the same will have to be investigated by some other officer. 6. Considering the fact that the petitioner has already given a complaint to the first respondent on 21.07.2011, a direction is issued to the said respondent to consider the said representation, particularly, the request of the petitioner regarding transfer of the case and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order. With the above direction, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil. 2.The Inspector of Police, Kolachel Police Station, Kolachel, Kanyakumari District. 3.The Inspector of Pollice, CBCID Branch, Nagercoil,Kanyakumari District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai pm ssk/29.09.2011 /5c-2p/- Crl.O.P(MD)No.12142 of 2011 22.09.2011 https://hcservices.ecourts.gov.in/hcservices/