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Madras High CourtCRL OP/19534/2015closed

N. Karnukaran v. The Inspector Of Police

2015-08-31Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.19534 of 2015 N.Karnukaran

...Petitioner

Vs The Inspector of Police, Ambalur Police Station, Vellore District.

...Respondent

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to file the final report in Crime No.369 of 2013 on the file of the respondent within stipulated period.

For Petitioner :

Mr.M.Sathish Kumar For Respondent :

Mr. C.Emalias Additional Public Prosecutor

ORDER

This criminal original petition has been filed to direct the respondent to file the final report in Crime No.369 of 2013 on the file of the respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.

The learned Additional Public Prosecutor, on instruction from the respondent, submits that investigation in Crime No.369 of 2013 has been conducted and the same has also been closed on mistake of fact and when the respondent police wanted to serve RCS notice on the petitioner /defacto complainant, he refused to receive the RCS notice.

4. Mr. M.Sathish Kumar, learned counsel for the petitioner submits that the petitioner is always ready to receive it. https://hcservices.ecourts.gov.in/hcservices/

5. Recording the submissions, the respondent police is directed to serve RCS notice on the petitioner within a period of two weeks and filed the same before the concerned Court. Liberty is given to the petitioner to file a protest application before the concerned court and on such application being filed, the same shall be dealt with in accordance with law laid down by the Hon'ble Supreme Court in Vinay Tyagi Vs. Irshad Ali Alias Deepak and others reported in (2013) 5 Supreme Court Cases 762. With the above direction, the criminal original petition is closed.

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

1. The Inspector of Police, Ambalur Police Station, Vellore District.

2. The Public Prosecutor, High Court, Madras.

1 CC to Mr.M.Sathish Kumar, Advocate SR.No. 46493 Crl.OP No.19534 of 2015 MSM (CO) PSI (14.09.2015) https://hcservices.ecourts.gov.in/hcservices/