Jagadeesan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA Jagadeesan ... Petitioner Vs.

The State represented by The Inspector of Police, T-9 Pattabiram Police Station, Pattabiram, Chennai.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, praying to direct the respondent Police to conduct further investigation and include all the offence committed by the accused stated in the complaint dated 13.05.2019 in Crime No.372 of 2019. For Petitioner : Mr. E.Thiyaga for M/s.C.Balasubramaniam For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

O R D E R

This petition is filed to direct the respondent Police to conduct further investigation and include all the offence committed by the accused stated in the complaint dated 13.05.2019 in Crime No.372 of 2019.

2. The learned counsel for the petitioner submitted on a complaint given by him against some named accused, a case has been registered in Cr. No.372 of 2019 by the Inspector of Police, T-9 Pattibiram Police station, Chennai for the offences under Section 294(b) and 323 IPC. The learned counsel for the petitioner further submitted that the respondent police did not take any appropriate action to alter the provisions of law in accordance with the materials available.

3. The learned Government Advocate (Crl.side) submitted that investigation has been concluded and closure report has been filed before the Judicial Magistrate-II, Tiruvallur as 'Mistake of Facts'; the charge sheet has been referred and notice has already been furnished to the petitioner in the year 2019, however, the petitioner did not take any action. 2/4

4. Since the petitioner has stated that he did not receive any notice, the respondent is directed to serve fresh notice on the petitioner for referring the charge sheet and on receipt of the same, the petitioner is at liberty to file a protest petition, if so advised.

5. In view of the above, this Criminal Original Petition is closed. 07.11.2022 Index : Yes/No Speaking Order : Yes / No bkn To:

1.The Inspector of Police, T-9 Pattabiram Police Station, Pattabiram, Chennai.

2. Judicial Magistrate-II, Tiruvallur 3.The Public Prosecutor, High Court, Madras.

3/4

R.N.MANJULA, J., bkn 07.11.2022 4/4