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Madras High CourtCRL OP/18925/2017dismissed

K.Barathy, F/Aged 26 Years v. The District Superintendent Of

2020-06-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.18925 of 2017 K. Barathy ... Petitioner Vs

1. The District Superintendent of Police, Office of the District Superintendent of police, Cuddalore, Cuddalore District.

2. The Inspector of Police, Ramanatham Police Station.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. directing the first respondent to nominate a competent police official to conduct further investigation in respect of Crime No.201 of 2017 on the file of the second respondent and pass orders.

For Petitioner : Mr. M. Velmurugan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

(The case has been heard through video conferencing) This Criminal Original Petition has been filed seeking to conduct further investigation in respect of Crime No.201 of 2017 on the file of the second respondent. The second respondent has registered a case in Crime No.201/2017, Under Sections 147,148,294(b), 323 and 506(1) of IPC

2. The learned Additional Public Prosecutor has submitted that in the above case, investigation has been completed and it was recorded as mistake of fact in C.No.17 of 2017. 3.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. In view of the submission made by the learned Additional Public Prosecutor, further investigation cannot be ordered by https://hcservices.ecourts.gov.in/hcservices/

this Court. However, the second respondent is directed to file a final report before the concerned Magistrate namely Judicial Magistrate, Thittakudi within a period of 4 weeks from the date of receipt of the copy of this order, after serving summons to the petitioner and concerned parties. On receipt of the same the petitioner is at liberty to file a fresh petition before the concerned Court in accordance with law.

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

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

1. The District Superintendent of Police, Office of the District Superintendent of police, Cuddalore, Cuddalore District.

2. The Inspector of Police, Ramanatham Police Station.

3.The Public Prosecutor, High Court, Madras.

4. The Judicial Magistrate, Thittakudi.

Crl.O.P.No. 18925 of 2017 BR(CO) GN(31/07/2020) https://hcservices.ecourts.gov.in/hcservices/