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Madras High CourtCRL OP/21734/2015closed

P.Anandhi v. The State Rep. By

2015-10-28Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.21734 of 2015 P.Anandhi

...Petitioner

Vs 1.The State rep by Sub Inspector of Police, R-8, Vadapalani Police Station, Vadapalani, Chennai-26.

2.The Commissioner of Police, EVK Sampath Road, Vepery, Chennai-7.

...Respondents

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondents to investigate R8, Vadapalani Police Station Crime No.725 of 2012 under Section 406, 420 and 506[ii] IPC in accordance with law. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent to file final report in Crime No.11 of 2012.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

3. Today, the respondent police have filed Status Report, wherein, in paragraph Nos.5 and 6, it is stated as follows:

"5. I submit that I have examined the following witnesses and recorded their statements. https://hcservices.ecourts.gov.in/hcservices/

1. Tr.Ramadoss, 2.Tr.Shanmugam, 3.Tr.Jagadeesan, 4.Tr.Kumar, 5.Tr.Thangavelu - counter petitioners. They denied the allegations made by the petitioners and further stated that there was no such occurrence was happened between them.

6. I submit that further inspite of several requests made by the respondent police, till date the complaint never produced any relevant documents pertaining to this case, and not at all co-operated for investigation. Further, the allegations made by the petitioner are related to civil in nature. Hence, I have referred the case as "Mistake of Fact" on 18.10.2015; served the RCs Notice No.33/R8X/2015, to the complainant, but the complainant refused to receive the same, hence, I sent the RCs notice to the de facto complainant by post and filed the final report before the XVII Metropolitan Magistrate Court, Saidapet, Chennai on 26.10.2015."

4. In view of the above, this petition is closed, with liberty to the petitioner to workout her remedies in the manner known to law.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gya To 1.The Sub Inspector of Police, R-8, Vadapalani Police Station, Vadapalani, Chennai-26.

2.The Commissioner of Police, EVK Sampath Road, Vepery, Chennai-7.

3.The Public Prosecutor, High Court, Madras.

CRL.OP.No.21734 of 2015 SAI (CO) PSI (04.11.2015) https://hcservices.ecourts.gov.in/hcservices/