Madras High CourtCRL OP/6766/2022disposed of

Anthoni Raj @ Rasu v. State Rep By Inspector Of Police

2022-03-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.6766 OF 2022 Anthoni Raj @ Rasu ... Petitioner Vs.

1. State, rep. by the Inspector of Police, Sendurai Police Station, Ariyalur District.

(Crime No.135 of 2018)

2. Elaiyaraj

3. Velmurugan

4. Dhanakodi ... Respondents PRAYER:

This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to file a final report pursuant to the registration of the First Information Report in Crime No.135 of 2018 on the file of the first respondent police. For Petitioner : Mr.M.K.Parandhaman, For Respondents: Mr.V.Meganathan Government Advocate (criminal side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent police to file the final report pursuant to the registration of the First Information Report in Crime No.135 of 2018 on the file of the first respondent police.

2. When the matter is taken up for hearing, Mr.V.Meganathan, learned Government Advocate (crl.side) would submit that enquiry in Crime No.135 of 2018 has been completed and the case has been https://hcservices.ecourts.gov.in/hcservices/

referred as mistake of fact and the final report has been filed before the jurisdictional Court and it has been taken up as RCS No.342 of 2018.

3.At this juncture, learned counsel for the petitioner would submit that the petitioner is the defacto complainant and he has not been served by the copy of the RCS either from the respondent or from the Court.

4.Heard the parties and perused the materials available on record.

5.It is stated that final report has been filed and copy of RCS has not been served on the petitioner. If the notice has not been served on the petitioner, the petitioner is entitled to file the appropriate protest petition before the jurisdictional Court as per the mandate of Hon'ble Apex Court in the case of "Union Public Service Commission Vs. S.Papaiah and others" reported in (1997) 7 SCC 614.

6.With the above direction, this Criminal Original Petition stands disposed of.

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

1. The Inspector of Police, Sendurai Police Station, Ariyalur District.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.K.Parandhaman, Advocate, S.R.No.21233 Crl.O.P.No.6766 of 2022 SSN(CO) PM/08/04/2022 https://hcservices.ecourts.gov.in/hcservices/