Madras High CourtCRL OP/1370/2021disposed of

V.Punithavalli v. The Inspector Of Police

2021-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.1370 of 2021 V.Punithavalli ... Petitioner Vs.

The Inspector of Police, F-4, Kavarapettai Police Station, Thiruvallur District.

Crime No.06 of 2018 ... Respondent Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in Crime No.96 of 2018 pending on the file of the respondent Police to some other investigation agency or any other competent agency. For Petitioner : Mr.M.Krishnamoorthy For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor,

ORDER

This petition has been filed seeking for transfer of investigation in Crime No.96 of 2018 pending on the file of the respondent police.

2. The learned Additional Public Prosecutor appearing on behalf of the respondent Police submitted that the investigation was completed and a closure report was filed as ''mistake of fact'' on 21.03.2018 before the learned Judicial Magistrate, Ponneri. Mr.Mohan, Sub-Inspector of Police, was also present at the time of hearing and it was informed that a closure report was filed after issuing the RCS Notice.

3. The learned counsel for the petitioner submitted that the petitioner was not aware about the referred charge sheet filed by the respondent police and no notice was served on the petitioner.

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondent Police to issue RCS Notice afresh on the petitioner within a period of two https://hcservices.ecourts.gov.in/hcservices/

weeks from the date of receipt of a copy of this order. The petitioner, if aggrieved by the referred charge sheet filed by the respondent police, can work out her remedy by filing a protest petition before the concerned Court.

5. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To

1. The Inspector of Police, F-4, Kavarapettai Police Station, Thiruvallur District.

2. The Public Prosecutor High Court of Madras Chennai - 600 104.

+1 cc to M/s.M.Krishnamoorthy, Advocate Sr.No. 5049 Crl.O.P.No.1370 of 2021 GMR(CO) RMP(01/03/2021) https://hcservices.ecourts.gov.in/hcservices/