Lakshmi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Lakshmi ... Petitioner Vs.

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

2.The Inspector of Police, Ettapur Police Station, Ettapur, Salem District.

(Crime No.523 of 2015) ... Respondents Prayer: Criminal Original Petition is filed under Section 538 BNSS, pleased to direct the 2nd respondent to file a final report relating to the Crime No.523 of 2015 on the file of the 2nd respondent. For Petitioner : Mr.A.P.Sathya Murthy For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the 2nd respondent police to investigate the case and file a final report in Crime No. 523 of 2015 for the offence under Section 323 IPC.

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2.

Since the final report not filed within a period of three years, the Judicial Magistrate has closed the complaint under Section 468(2) Cr.P.C., on 18.09.2018.

3.

The learned counsel appearing for the petitioner submits that no notice received by him before closure. Due to default of the Investigating Officer, the petitioner who is the victim cannot be suffered.

4. Taking note of the grievance expressed by the petitioner, it is appropriate to direct the petitioner to file protest petition before the concerned Judicial Magistrate within a period of 30 days from today and seek remedy.

5.

With the above direction, this Criminal Original Petition is disposed of.

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To 1.The Superintendent of Police, Salem, Salem District.

2.The Inspector of Police, Ettapur Police Station, Ettapur, Salem District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

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