G.Sekaran v. The State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.23513 of 2023 G.Sekaran ... Petitioner Vs.

1.The State rep. by The Inspector of Police, Land Grabbing Cell, Namakkal.

... Respondents Prayer: Criminal Miscellaneous Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent to file the charge sheet in Cr.No.3 of 2015 on the file of the Special Court for Land Grabbing case, Namakkal.

For Petitioner : Mr.A.Sariram For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/5

O R D E R

The petitioner herein has given a complaint to the respondent police on 04.02.2015 alleging land grabbing, fabrication of documents and cheating. The complaint addressed to the Deputy Superintendent of Police, Namakkal, was forwarded to the land grabbing cell and registered in Crime No.3 of 2015. It is alleged that till date, the respondent has not completed the investigation. The present petition filed under Section 482 of Cr.P.C., directs the respondent to file the final report.

2. The Government Advocate (Crl.Side) submits, that on, instructions, submits that after the completion of investigation, the RCS report was filed before the concerned Magistrate on 18.03.2019 and copy of RCS report was served to the defacto complainant on 25.02.2019 and an acknowledgment from the defacto complainant was duly received.

3. The learned counsel for the petitioner further submitted that the closure of the complaint had not been intimated. In any event, it is now 2/5

known by record that the complaint has been closed with the RCS filed before the Judicial Magistrate and a copy served to the defacto complainant. If the defacto complainant wishes to challenge the said closure report, he has had an opportunity to do so, by filing a protest petition. If the inordinate delay in filing the protest petition is properly explained, the Court shall entertain the protest petition and proceed in accordance with law.

13.10.2023 Index : Yes/No drl To 1.The The Inspector of Police, Land Grabbing Cell, Namakkal.

2.The Public Prosecutor, High Court, Madras.

3/5

Dr.G.JAYACHANDRAN,J.

drl Crl.O.P.No.23513 of 2023 4/5

13.10.2023 5/5