Madras High CourtCRL OP/2767/2016disposed of

T.Shoba Adalarasi v. State Rep By

2016-03-04Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.2767 of 2016 T.Shoba Adalarasi ... Petitioner/Defacto Complainant Vs.

State rep by:

The Sub-Inspector of Police, B-1, Town Police Station, Tiruvallur.

(Crime No.414/2014) ... Respondent/Complainant Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondent to expedite the investigation in Cr.No.414/2014 on the file of Sub Inspector of Police, B-1, Town Police Station, Tiruvallur and submit final report before the competent court of jurisdiction and take appropriate action against the said accused in accordance with law.

For Petitioner : Mr.S.Chandrasekar For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition seeking to direct the respondent to expedite the investigation in Cr.No.414 of 2014 on the file of the respondent stating that though the case has been registered in Crime No.414 of 2014 for the offences punishable under Sections 294(b) and 506(i) IPC, the respondent has not shown any interest to investigate the matter and file final report. Hence, she has come up with the present petition.

2.At this juncture, the learned Additional Public Prosecutor submitted that already investigation is over and RCS 17/14 notice has been served to the defacto complainant on 22.10.2014, but it was not filed before this Court and prayed for dismissal https://hcservices.ecourts.gov.in/hcservices/

of the petition.

3.Considering the fact that even though referred charge sheet notice has been served to the petitioner, it was not filed before this Court and according to the learned counsel for the petitioner, it has not been served, this Court directs the respondent to issue fresh RCS notice to the petitioner/defacto complainant on the date of filing RCS before the Trial Court and on receipt of the same, the petitioner is at liberty to work out his remedy before the appropriate forum.

4.This Criminal Original Petition is disposed of accordingly.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar pri To 1.The Sub-Inspector of Police, B-1, Town Police Station, Tiruvallur.

(Crime No.414/2014) 2.The Public Prosecutor High Court, Madras.

+1 cc to Mr.Chandrasekar Advocate sr.13964 Crl.O.P.No.2767 of 2016 mg(co) aa15/03/2016 https://hcservices.ecourts.gov.in/hcservices/