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2026 Supreme(Online)(Mad) 34799
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
H.Sakeer Ali – Appellant
Versus
The Superintendent of Police Kanniyakumari District at Nagercoil – Respondent
Criminal Original Petition|Crime No.55 of 2023
For the Appellants/Petitioners: Mr.G.Aravinthan
For the Respondents: Mr.B.Nambiselvan Additional Public Prosecutor
Petition for investigation transfer dismissed as final report already filed as mistake of fact.
Headnote:The petition was filed under Section 482 Cr.P.C. seeking transfer of investigation in Crime No.55/2023 from the local police station to another agency under police supervision. Essential facts involved a request for transfer due to the ongoing investigation. The court noted that investigation was complete and final report filed as 'Mistake of Fact' with RCS notice served. The court considered the submission that the matter stood concluded post-investigation. The reasoning focused on the final report filing rendering the transfer request moot. The Criminal Original Petition stands closed with liberty to take action in accordance with law if aggrieved by the closure report.
5. Saleem .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. ,, to direct the respondents 1 and 2 to transfer the investigation of the case in Crime No.55 of 2023 dated 05.02.2023, from the file of the 3rd respondent to any other investigating agency under the supervision of the first respondent.
For Petitioner : Mr.G.Aravinthan For R1 to R3 : Mr.B.Nambiselvan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to direct the respondents 1 and 2 to transfer the investigation of the case in Crime No. 55 of 2023 dated 05.02.2023, from the file of the 3rd respondent to any other investigating agency under the supervision of the first respondent.
2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that already the matter has been investigated and final report has been filed as 'Mistake of Fact' and RCS notice also served on the petitioner.
3. In view of the same, the Criminal Original Petition stands closed with liberty to take action inaccordance with law, if the petitioner is aggrieved in respect of closure report.
