Madras High CourtCRL OP/26391/2015disposed of

C.Nithya v. The State Rep. By

2015-11-03Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26391 of 2015 C.Nithya ... Petitioner Vs The State Rep. By Inspector of Police, Edapadi Police Station, Salem District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to complete the investigation in Crime No.276 of 2015 on the file of the Edappadi Police Station, Salem District at the earliest and to file a final report.

For Petitioner :

Mr.S.Periyasamy For respondent :

Mr.C.Eamalias, Additional Government Pleader.

O R D E R

The present criminal original petition has been filed to direct the respondent police to complete the investigation in Crime No.276 of 2015 on the file of the Edappadi Police Station, Salem District at the earliest and to file a final report.

2. The petitioner herein lodged a complaint for the alleged offence under Sections 3(1)(q), 3(1)(r), 3(1)(u) of the SC/ST (POA) Act on 10.06.2015 as against Sivakumar, Rajesh Kumar, Chandrikala and Maheswari. The said complaint was registered by the respondent in Crime No.276 of 2015. But, till date final report has not been filed. Hence, the present petition has been filed.

3. Today, when the matter is taken up for consideration, the learned Additional Public Prosecutor submits that the complaint given by the petitioner was enquired and closed as "mistake of fact" on 12.09.2015 and on intimation with regard to the referred charge sheet was also affixed on the wall of the petitioner's house, since the petitioner refused to receive the same.

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

4. In view of the submission made by the learned Additional Public Prosecutor, this Court directs the respondent police to file the Referred Charge Sheet before the concerned Magistrate within a period of two weeks from the date of receipt of this order and on filing of such Referred Charge Sheet, the petitioner is at liberty to work out her remedy in the manner known to law.

With the above direction, this petition is disposed of. vsm s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Edapadi Police Station, Salem District.

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Periasamy, Advocate SR 60838 sr(co) prk27/11 Crl.O.P.No.26391 of 2015 https://hcservices.ecourts.gov.in/hcservices/