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Madras High CourtCRL OP/10631/2021disposed of

B.Ramesh v. The Commissioner Of Police,

2021-06-21Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.10631 of 2021 A.Ramesh ... Petitioner

Versus

1.The Commissioner of Police Coimbatore City, Coimbatore - 641 018.

2.The Inspector of Police, E3 Police Station, Crime Branch, Saravanampatti, Coimbatore.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents police to re-investigate the matter in Crime No.634 of 2015 dated 08.12.2015 afresh and thereafter file a complete final report.

For Petitioner :

Mr.S.L.Sudarsanam For Respondents:

Mr.A.Damodaran Government Advocate (Crl. Side)

ORDER

This petition has been filed to direct the respondents police to re-investigate the matter in Crime No.634 of 2015 dated 08.12.2015 afresh and thereafter file a complete final report.

2. The petitioner / defacto complainant has filed this petition for further investigation in Crime No.634 of 2015.

3. The learned Government Advocate (Crl.Side) has submitted that on the complaint of the petitioner, a case was registered in Crime No.634 of 2015 for the offence under Sections 454 and 380 of IPC. After enquiry, the case has been closed as mistake of fact on 19.09.2019. RCS notice in RCS.No.17 of 2019 was served to the petitioner on 21.09.2019.

4. In the presence of the Village Administrative Officer, the Village Administrative Officer's certificate was given to the petitioner to agitate before the concerned Court, by filing protest petition by RCS notice.

https://hcservices.ecourts.gov.in/hcservices/

5. The learned counsel for the petitioner has fairly

submitted that he had already filed a protest petition before the Judicial Magistrate No.II, Coimbatore and for the reasons best known to him, the petitioner is not aware as to what happened to the protest petition.

6. In view of the same, this Court directs the Judicial Magistrate No.II, Coimbatore, to issue notice to the petitioner and hear his objection and thereafter, dispose of the protest petition in accordance with law. If any order has been passed, the same has to be intimated to the petitioner forthwith. Notice to the petitioner to be issued within two weeks from the commencement of normal functioning of the Court.

7. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar dna To 1.Judicial Magistrate No.II, Coimbatore.

2.The Commissioner of Police Coimbatore City, Coimbatore - 641 018.

3.The Inspector of Police, E3 Police Station, Crime Branch, Saravanampatti, Coimbatore.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.L.Sudarsanam, Advocate, S.R.No. 28809 Crl.O.P.No.10631 of 2021 PCH(CO) GN(20/07/2021) https://hcservices.ecourts.gov.in/hcservices/