Bakya v. State Repby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Bakya W/o.Venkatesan

...Petitioner

Vs State represented by Sub-Inspector of Police, Sirupakkam Police Station, Cuddalore District.

Crime No.20 of 2021 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to set aside the returned docket order passed by Judicial Magistrate I, Virudhachalam, Cuddalore District, in C.A.No.158 of 2023 dated 17.08.2023 and subsequently, direct the respondent police to file final report in connection with Crime No.20 of 2021 (pending on the file of respondent police) before Judicial Magistrate I, Virudhachalam, Cuddalore District, in accordance with law. 1/4

For Petitioner : Mr.M.Velmurugan For Respondent : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed challenging the docket order passed by the Court below on 17.08.2023 returning the copy application filed by the petitioner seeking for a copy of the First Information Report, complaint and charge sheet.

2. Heard Mr.M.Velmurugan, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondent.

3. Learned Additional Public Prosecutor, on instructions, submitted that investigation was completed in Crime No.20 of 2021 and the draft final report is ready and a closure report is going to be filed as further action dropped before learned Judicial Magistrate I, Virudhachalam. Learned Additional Public Prosecutor further submitted that RCS notice in RCS 2/4

No.1 of 2021 has also been served on the de facto complainant. Hence, learned Additional Public Prosecutor sought for some time to file the closure report before the concerned Court.

4. In the light of the above stand taken by learned Additional Public Prosecutor, there shall be a direction to the respondent police to file the closure report before the learned Judicial Magistrate I, Virudhachalam, within a period of two (2) weeks from the date of receipt of a copy of this order. It is left open to the petitioner to file a protest petition before the concerned Court and work out her remedy.

This Criminal Original Petition is disposed of in the above terms. 04.09.2023 Index : Yes/No Speaking order:Yes/No gm N.ANAND VENKATESH, J 3/4

gm To 1.The Sub-Inspector of Police, Sirupakkam Police Station, Cuddalore District.

Crime No.20 of 2021 2.The Public Prosecutor, High Court, Madras.

04.09.2023 4/4