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Madras High CourtCRL OP/3959/2017dismissed

Jalma Beevi, Aged 45 Years, v. The Superintendent Of Police,

2020-07-20Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.3959 of 2017 Jalma Beevi, W/o.Ismail, Keezha Theru, Kulumoor Village, Sendurai Taluk, Ariyalur District.

...Petitioner

Vs.

1. The Superintendent of Police, Ariyalur District, Ariyalur.

2. The Inspector of Police, Sendurai Police Station, Ariyalur District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the second respondent to reinvestigate the case in Crime No.232 of 2016 on their file and to file the final report within the stipulated time by conducting free and fair enquiry.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.K.Prabakar Additional Public Prosecutor

ORDER

This petition has been filed for a direction, to direct the second respondent to re-investigate the case in Crime No.232 of 2016, on the file of the respondents.

2. The learned Additional Public Prosecutor would submit that, after conducting the investigation, FIR in Crime No.232 of 2016 has been closed as "Mistake of Fact' as early as on 22.12.2016 and referred charge sheet has also been filed in C.C.No.4 of 2016 before the concerned Magistrate. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the submission made by the learned Additional Public Prosecutor, the direction for re-investigation does not arise. However, the second respondent is directed to serve the referred charge sheet notice in Crime No.232 of 2016 to the petitioner/defacto complainant, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the petitioner is at liberty to file protest petition before the concerned Court.

4. With the above observations and directions, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar(CS III)MDU //True Copy// Sub Assistant Registrar arb To

1. The Superintendent of Police, Ariyalur District, Ariyalur.

2. The Inspector of Police, Sendurai Police Station, Ariyalur District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.3959 of 2017 VG II (CO) KKV/24/09/2020 https://hcservices.ecourts.gov.in/hcservices/