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Madras High CourtWP/15335/2018disposed of

R.Saroja, v. The Superintendent Of Police,

2019-04-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15335 of 2018 and W.M.P.No.18223 of 2018 R.Saroja ... Petitioner Vs.

1. The Superintendent of Police, Dharmapuri District.

2. The Inspector of Police, Adiyamankottai, Police Station, Dharmapuri District.

3. A.Munuswamy

4. R.Indirani

5. R.Radhakrishnan

6. Vijaya

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 2 to take all further action necessary on the complaint registered by the 2nd respondent in Crime No.388 of 2017 on the file of the 2nd respondent police. For Petitioner : Mr.V.Ramamurthy For R1 to R2 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the respondents 1 to 2 to take all further action necessary on the complaint registered by the 2nd respondent in Crime No.388 of 2017 on the file of the 2nd respondent police.

2. The learned Additional Public Prosecutor would submit that FIR in Crime No.388 of 2017 pending on the file of the 2nd respondent police has been enquired and the same was closed as 'Mistake of Fact' and the referred charged sheet has also been filed before the Judicial Magistrate-II, Dharmapuri.

3. The learned counsel for the petitioner submitted that till date the petitioner did not receive any Referred Charged Sheet notice from the respondent police.

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to serve referred charged sheet notice to the petitioner within a period of two weeks from the date of receipt of a copy of this order. On the receipt of the same the petitioner is at liberty to file protest petition before the concerned Judicial Magistrate.

5. With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr To

1. The Superintendent of Police, Dharmapuri District.

2. The Inspector of Police, Adiyamankottai, Police Station, Dharmapuri District.

3. The Public Prosecutor, High Court, Madras.

W.P.No.15335 of 2018 and W.M.P.No.18223 of 2018 ev(co) nr 29/05/2019