Periyathambi v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Periyathambi ... Petitioner Vs.

1.The State Rep.by The Superintendent of Police, Namakkal District, Namakkal.

2.The Inspector of Police, Rasipuram Police Station, Namakkal District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the 1st respondent to change the investigation of Crime No.119 of 2023 on the file of the 2nd respondent to any other competent officer.

For Petitioner : Mr.M.Suresh For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

The petitioner herein is the complainant in Crime No.119 of 2023 on the file of the 2nd respondent alleging that despite direction of this 1/4

Court to complete the investigation and file final report, the respondent police has not conducted investigation properly and therefore, investigation must be changed to some other agency. 2.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that on completion of investigation, the Investigating Officer found that it is a 'Mistake of Facts' and Referred Charge Sheet filed before the Judicial Magistrate, Rasipuram on 27.07.2024, 3.

The perusal of the RCS report reveals that investigation was completed and report made ready as early as 22.11.2023. However, despite direction of this Court, report filed only after filing a petition for change of investigation. It appears that RCS filed through e-filing on 27.07.2024. Though the learned Government Advocate (Crl.Side) states that the defacto complainant refused to receive RCS notice, this Court does not find any evidence to accept the said explanation. The 2nd respondent is hereby directed to serve the RCS notice to the petitioner herein. On receipt of the notice, the petitioner shall work out his remedy 2/4

by filing protest petition before the Judicial Magistrate. 4.

With this observation, this Criminal Original Petition is disposed of.

29.07.2024 Index : Yes/No rpl To 1.The State Rep.by The Superintendent of Police, Namakkal District, Namakkal.

2.The Inspector of Police, Rasipuram Police Station, Namakkal District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

rpl 29.07.2024 4/4