Jeevitha v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.2360 OF 2022 M.Jeevitha ... Petitioner/ Defacto Complainant

Versus

The State Rep. by its The Inspector of Police Erode Taluk, Erode District.

(Crime No.654 of 2019) ... Respondent/ Respondent PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the respondent to file final report in respect of Crime No.654/2019 on the file of the Inspector of Police, Erode Taluk, Erode District within the stipulated time that may be fixed by this Court and thus render justice.

For Petitioner :

Mr.M.Venkatesh For Respondent :

Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondent to file final report in respect of Crime No.654/2019 on the file of the Inspector of Police, Erode Taluk, Erode District within a stipulated time.

2. The contention of the petitioner is that he lodged a complaint before the respondent Police alleging that her vehicle was stolen by some miscreants, but no action was taken. Thereafter, only after obtaining orders from the Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate under Section 156(3) of Cr.P.C., FIR came to be registered in Crime No.654 of 2019 for the offence under Sections 454 and 380 IPC.

3. The grievance of the petitioner is that though FIR was filed in the year 2019, thereafter, the respondent Police has not taken any steps to file a final report. The petitioner was not called for enquiry and he does not know the status of the case.

4. The learned Additional Public Prosecutor submits that in this case, after registration of the case, investigation was conducted, witnesses were examined and their statements were recorded. On completion of investigation, the case was closed as mistake of fact on 30.04.2021. The closure report is yet to be served to the petitioner and RCS notice will be served shortly.

5. In view of the same, the respondent Police shall serve the RCS notice to the petitioner forthwith. On receipt of the same, if the petitioner is aggrieved, he can file protest petition.

6. With the above directions, this Criminal Original Petition is disposed of.

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

1. The Inspector of Police Erode Taluk, Erode District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Arivazhagan, Advocate, S.R.No.7117 CRL.O.P.No.2360 of 2022 VGII(CO) PM/16/02/2022 https://hcservices.ecourts.gov.in/hcservices/