Madras High CourtCRL OP/12619/2016closed

S.Poongodi v. The State Rep By Its

2016-08-31Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.12619 of 2016 S.Poongodi ... Petitioner Vs State rep by Special Sub-Inspector of Police, Sulur Police Station, Coimbatore.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to complete the investigation in Crime No.1079 of 2012 and file the charge sheet before the learned Judicial Magistrate No.VII, Coimbatore.

For Petitioner : Mr.R.Chandrasekaran For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent to complete the investigation in Crime No.1079 of 2012 and file the charge sheet before the learned Judicial Magistrate No.VII, Coimbatore.

2. Heard the learned counsel for the petitioner; learned Additional Government Pleader appearing for the respondent and perused the materials placed on record.

3. Pursuant to the order dated 12.08.2016 passed by this Court, today, Mr.K.Krishnamoorthy, Deputy Superintendent of Police, Karumathampatty, Coimbatore District has produced Mr.Shanmugam, Inspector of Police, Sulur Police Station, Coimbatore District before this Court. The warrant stands recalled.

4. Learned Additional Public Prosecutor on instructions, submitted that investigation in Crime No.1079 of 2012 was completed and the case was closed as mistake of fact on 29.12.2012 and the RCS notice No.32 of 2012 is yet to be served.

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5. Under such circumstances, the respondent Police is directed to serve RCS notice on the de facto complainant and file the same before the jurisdictional Magistrate, within a period of one month from the date of receipt of a copy of this order and thereafter, liberty is given to the petitioner to file a protest application before the jurisdictional Magistrate.

With the above direction, this petition is closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar gya To 1.The Inspector of Police, Sulur Police Station, Coimbatore.

2.The Public Prosecutor, High Court, Madras.

1 cc to M/s.R.Chanrasekaran, Advocate, sr.49406 CRL.OP.No.12619 of 2016 mp co kra 19.09.2016 https://hcservices.ecourts.gov.in/hcservices/