Sumathi v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7233 of 2022 Sumathi

...Petitioner

Vs.

State rep. by its The Inspector of Police, Kangeyam Police Station, Tiruppur District.

(Crime No.169 of 2009)

...Respondent

PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police to complete the investigation in Crime No.169 of 2009 on the file of the respondent police within the stipulated time frame as may be fixed by this Court pending investigation of the respondent police and investigate the same and file the final report before the Court of competent jurisdiction.

For Petitioner : Mr.M.Saravanakumar For Respondent : Mr.V.Meganathan Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the respondent police to complete the investigation in Crime No.169 of 2009 on the file of the respondent police and file the final report before the competent Court.

2.When the matter is taken up for hearing, Mr.V.Meganathan, learned Government Advocate (crl. side) would submit that investigation in Crime No.169 of 2009 has been completed and the case has been referred as mistake of fact and the final report was also placed before Tiruppur District Screening Committee and the same has been approved by the Screening committee on 25.07.2011 in vide order e/f/vz;/15096-2009fh3/ He would further submit that the final report was also filed before the Jurisdictional Court.

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3. At this juncture, learned counsel for the petitioner would submit that the closure report and the report of the screening committee have not been served on the petitioner. 4.In view of the above, direction is issued to the Deputy Superintendent of Police, Kangeyam, Tiruppur District to furnish the copy of the closure report along with the report of the Screening Committee to the petitioner within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the Petitioner is at liberty to challenge the closure report by filing 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. 5.With the above direction, this Criminal Original Petition stands disposed of.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar shk/sai To

1. The Deputy Superintendent of Police, Kangayam, Tiruppur District 2.The Inspector of Police, Kangeyam Police Station, Tiruppur District.

3.The Public Prosecutor, High Court of Madras.

+1 CC to Mr.M.Saravanakumar, Advocate sr 21997. Crl.O.P.No.7233 of 2022 PMK(CO) SP(18/04/2022) https://hcservices.ecourts.gov.in/hcservices/