K.Annadurai v. The Deputy Inspector General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3665 OF 2022 K.Annadurai ... Petitioner .Vs.

1. The Deputy Inspector General of Police, Salem Range, Hasthampathy, Salem - 600 007.

2. The Superintendent of Police, S.P.Compound, Tiruchangode Main Road, Namakkal District.

3. The Inspector of Police, Rasipuram Police Station, Namakkal.

... Respondents PRAYER:- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to reopen and reinvestigate the case in Crime No.1092 of 2021 dated 30.09.2021 on the file of the 3rd respondent.

For Petitioner :

Mr.Dr.A.Thiyagarajan Senior Counsel For M/s.A.Vinupradha For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents to reopen and reinvestigate the case in Crime No.1092 of 2021 dated 30.09.2021 on the file of the 3rd respondent.

2. When the matter is taken up for hearing, Mr.A.Gokulakrishnan, learned Additional Public Prosecutor would submit that on the complaint given by the petitioner, a case was registered in Crime No.1092 of 2021 for the offence under Section 174(3) of Cr.P.C. The 3rd respondent after conducting proper investigation had filed the final report and the copy has been served on the petitioner. If the petitioner is aggrieved against the final report, he has to file a protest petition before the Judicial Magistrate Court concerned.

3. At this Juncture, learned counsel for the petitioner would submit that the copy of the final report has not been served on the petitioner. However, in view of the above said position, learned Judicial Magistrate, Rasipuram as well as third respondent are directed to serve copies of the final report in Crime No.1092 of 2021 on the petitioner within a period of two weeks from the date of receipt of a copy of this Order. On service of the final report, the petitioner is entitled to file proper protest petition before the concerned Jurisdictional Magistrate if he is aggrieved.

4. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar shk/sai To 1.

The Judicial Magistrate, Rasipuram.

2.

The Deputy Inspector General of Police, Salem Range, Hasthampathy, Salem - 600 007.

3.

The Superintendent of Police, S.P.Compound, Tiruchangode Main Road, Namakkal District.

4.

The Inspector of Police, Rasipuram Police Station, Namakkal.

5.

The Public Prosecutor, Madras High Court, Madras.

+1cc to M/s.A.Vinupradha, Advocate, S.R.No.10914 CRL.O.P.NO.3665 OF 2022 MT(CO) PBS/18/03/2022