Madras High CourtCRL OP/1054/2016dismissed

P.Senthilkumar v. The Inspector Of Police

2016-01-25Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.01.2016

CORAM

THE HONOURABLE Mr. JUSTICE R.SUBBIAH CRL.O.P.No.1054 of 2016 P.SENTHILKUMAR ... PETITIONER Vs 1 THE STATE REP BY INSPECTOR OF POLICE BANGALOW PUDUR POLICE STATION ERODE DISTRICT 2 THE SUPERINTENDENT OF POLICE ERODE DISTRICT ERODE ... RESPONDENTS Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to investigate and file the final report in Crime No.127/2014 on the file of the 1st respondent dated 14/05/2014 against the driver of the offending vehicle bearing registration No.TN-61-B-3379 after recording the statements of eye witnesses as per the complaint of the petitioner dated 24/05/2014.

For Petitioner : Mr.C.Kulanthaivel For Respondents : Mr.Mohamed Riyaz, Government Advocate (Crl.side)

O R D E R

This criminal original petition has been filed seeking direction to the 1st respondent to investigate and file the final report in Crime No.127/2014.

2. It is the case of the petitioner that his mother Murugayaal hit by a lorry bearing registration number TN 61 B 3379, due to which, she sustained several injuries and fractures in both legs. Based on her complaint, a case has been registered for the alleged offences under Section 279, 338 IPC in Crime No.127 of 2014 by the 1st respondent police on 14.05.2014. Till date, no action has been taken on the said complaint. Hence, the petitioner has come up with the present petition.

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3. Heard the submission of the learned counsel for the petitioner and the learned Additional Public Prosecutor.

4. Today, when the matter is taken up for consideration, learned Additional Public Prosecutor filed a status report and submitted that detailed investigation was conducted and FIR was also closed as mistake of fact and RCS was filed before the learned Judicial MagistrateI, Gobichettipalayam, Erode District on 10.10.2014.

5. Recording the same, nothing survives in this petition and this petition stands dismissed. However, liberty is granted to the petitioner to file protest application to workout his remedies in the manner known to law.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gya To 1 The JUDICIAL MAGISTRATE- I, GOBICHETTIPALAYAM, 2 THE INSPECTOR OF POLICE BANGALOW PUDUR POLICE STATION ERODE DISTRICT 3 THE SUPERINTENDENT OF POLICE ERODE DISTRICT ERODE 4 THE PUBLIC PROSECUTOR HIGH COURT MADRAS +1 CC to Mr.C.Kulanthaivel, Advocate Sr.4309 CO-MSM ths : 03.02.2016 CRL.OP.No.1054 of 2016 https://hcservices.ecourts.gov.in/hcservices/