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Judgment
P. Jyothimani, J.—Heard the learned Counsel for the Petitioner and the learned Special Government Pleader appearing for the Respondents
1 to 3 and 5.
The Writ Petition is filed for a direction against the 4th Respondent who has been imp leaded as a private person being the Sub-Inspector of
Police, to withdraw the case in Cr. No. 117/2009, pending on the file of Vanniampatti Police Station and entrust the same to the CBCID viz., the
Superintendent of Police, CBCID, Bibikulam, Madurai, the 5th Respondent herein, for further investigation.
The main grievance of the Petitioner is that while performing the investigation, the 4th Respondent has not effected the same in the manner
known to law and the properties were not procured in appropriate manner and the witnesses were not brought before the Court.
These things are not sufficient ground for the purpose of referring the matter to the CBCID. In these circumstances, I am of the view that except
permitting the Petitioner to make appropriate application to the learned Magistrate, no other orders required.
Accordingly, the Writ Petition stands closed. However, the Petitioner is permitted to make necessary application before the learned Magistrate
before whom the case is pending, explaining the grievance of the Petitioner and on such filing of the petition, the learned Magistrate shall decide the
said application on merits and pass appropriate orders. If such application is filed, the learned Magistrate shall dispose of the same expeditiously,
within a period of two weeks, thereafter. Consequently, the connected miscellaneous petition stands closed. However, there shall be no order as
to costs.