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Madras High CourtCRL OP/4108/2016disposed of

Mrs. Uma, W/O. Thirumavalvan, v. The Inspector Of Police,

2016-02-24Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4108 of 2016 Uma ... Petitioner Vs.

The Inspector of Police, District Crime Branch, Kancheepuram.

Crime No.22/2015 ... Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent to file a final report in Crime No.22 of 2015 dated 02.09.2015 as stipulated time fixed by this Court.

For Petitioner : Mr.L.Uthaya Kumar For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to the respondent to file a final report in Crime No.22 of 2015.

2. Heard the submissions made by the learned counsel appearing on either side.

3. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case has been registered in Crime No.22 of 2015 for the offences punishable under Sections 420, 294(b), 448 and 506(ii) IPC. However, the respondent has not shown any interest to investigate the matter and lay a final report. Hence, the petitioner has come up with the present petition for the relief as stated above.

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4. Resisting the same, the learned Additional Public Prosecutor would submit that investigation has been completed and the same was closed as mistake of fact. He further submitted that Referred Charge Sheet has been filed before the learned Judicial Magistrate No.II, Chengalpattu in R.C.S.No.12/2015 and the same has also been served to the defacto complainant on 02.11.2015. Hence, he prayed for dismissal of the petition.

5. Recording the submission made by the learned Additional Public Prosecutor that the investigation has been completed and Referred Charge Sheet in R.C.S.No.12/2015 has been filed before the learned Judicial Magistrate No.II, Chengalpattu only in the month of February 2016, this Criminal Original Petition is closed. However, the petitioner is at liberty to approach the appropriate forum to work out his remedy.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cse To

1. The Inspector of Police, District Crime Branch, Kancheepuram.

2. The Public Prosecutor High Court, Chennai.

+1cc to Mr.L.Uthaya Kumar, Advocate, S.R.No.11612 Crl.O.P.No.4108 of 2016 PPA(CO) CA(14/03/2016) https://hcservices.ecourts.gov.in/hcservices/