K.P.Karunaisamy v. The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.09.2016
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.18384 of 2010 and M.P.No.1 of 2010 1.K.P.Karunaisamy 2.C.V.Meenakshi Sundaram
...Petitioners
vs.
1.The Sub-Inspector of Police, B1, Kadai Veedhi Police Station, Coimbatore.
2.Rukmaniammal
...Respondents
Criminal Original Petition filed under Section 482 of Cr.P.C., pleased to call for the records and quash the same in Cr.No:1362/2009 dated 10.11.2009 pending on the file of the 1st respondent.
For Petitioners : Mr.V.Subramanian For Respondents : Mr.C.Emalias, APP for R1 Mr.T.M.Ramalingam for R2
O R D E R
This petition has been filed to call for the records and quash the same in Cr.No:1362/2009 dated 10.11.2009 pending on the file of the 1st respondent.
2. Heard the learned counsel for the petitioners, the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.
3. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that, investigation in Crime No:1362 of 2009 has been completed and the case has been closed as "mistake of fact". But the report was not filed before the concerned Judicial Magistrate, nor RCS notice was served on the de facto complainant.
4. Under such circumstances, the first respondent police is https://hcservices.ecourts.gov.in/hcservices/
directed to serve the RCS notice on the de facto complaint in person or by registered post with acknowledgment due (RPAD) and file the closure report before the Jurisdictional Magistrate within four weeks from the date of receipt of a copy of this order.
5. With the above direction, this petition is closed. Consequently connected Miscellaneous Petition is also closed. -sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar dpq To 1.The Sub-Inspector of Police, B1, Kadai Veedhi Police Station, Coimbatore.
2. The Public Prosecutor High Court, Madras.
+1 cc to MR.V.SUBRAMANIAN ,Advocate SR.NO. 53644 CRL.OP.No.18384 of 2010 and M.P.No.1 of 2010 skv[co] RD : 18/10/2016 https://hcservices.ecourts.gov.in/hcservices/