Madras High CourtCRL OP/15105/2016disposed of

Kasthuri, Aged 62 Years v. The Superintendent Of Police

2019-07-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.15105 of 2016 Kasthuri

...Petitioner

Vs.

1. The Superintendent of Police, Cuddalore District.

2. The Inspector of Police, Bhuavanagiri Police Station, Bhuvanagiri.

3. The Inspector of Police, CBCID, Cuddalore District, Cuddalore.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to transfer the investigation to any other agencies and issue a direction to the respondents to register an FIR expeditiously without further delay and direct them to enquire into the matter in a manner known to law. For Petitioner : Mr. M.Selvam For Respondents : Mr. C.Raghavan Government Advocate

ORDER

The learned Government Advocate on instructions submitted that the investigation has been completed and a closure report has been filed in R.C.S No.7 of2016 as "further action dropped" on 29.08.2016 before the Tahsildar, Bhuvanagiri.

2. The procedure adopted by the respondent police is opposed to law and the closure report ought to have been filed only before the jurisdictional Magistrate. https://hcservices.ecourts.gov.in/hcservices/

3. There shall be a direction to the 3rd respondent to immediately take back the closure report from the Tahsildar, Bhuvanagiri and file before the Judicial Magistrate, Parangipettai within a period of three weeks from the date of receipt of copy of this order. Before filing the closure report, notice shall be served to the de-facto complainant in order to enable the de-facto complainant to proceed further in accordance with law.

4. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar uma To

1. The Judicial Magistrate, Parangipettai.

2. The Superintendent of Police, Cuddalore District.

3. The Inspector of Police, Bhuavanagiri Police Station, Bhuvanagiri.

4. The Inspector of Police, CBCID, Cuddalore District, Cuddalore.

5. The Public Prosecutor, High Court of Madras.

6.The Tahsildar,Bhuvanagiri.

+1cc to Mr. M.Selvam, Advocate SR.No. 55096 CRL.O.P No.15105 of 2016 A.SK(26/07/2019) https://hcservices.ecourts.gov.in/hcservices/