Madras High CourtCRL OP/30276/2019disposed of

K.Gowthaman v. The State Of Tamil Nadu,

2022-11-02Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2022

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.16373 of 2019 K.Gowthaman ... Petitioner Vs.

1.The State of Tamilnadu Rep.by The Inspector of Police, R-4, Soundarpandiyanar Angadi Police Station, Chennai.

2.M.Kevin ... Respondents Prayer:- Criminal Original Petition has been filed under Section 482 of Cr.P.C., praying to call for the records in Crime No.398 of 2018 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.S.Vijay For R1 : Mr.N.S.Suganthan Government Advocate (Crl.Side) For R2 : Mr.P.Saranath 1/4

ORDER

This Criminal Original Petition is filed to quash the complaint in Crime No.398 of 2018 registered against the petitioner herein for the alleged offence under Sections 406 & 420 I.P.C.

2. When the matter is taken up for consideration today, the learned Government Advocate (Crl.Side) for the State submits that after investigation, the police has found that there is no prima facie material to proceed with the complaint and therefore, has prepared Referred Charge Sheet No.22 of 2022. When a copy of the Referred Charge Shee attempted to be served on the de facto complainant, it appears that he has refused to receive the same.

3. Today, the de facto complainant is present and represented through his counsel. The 1st respondent police is directed to serve the Referred Charge Sheet to the de facto complainant and file it before the concerned Magistrate. It is open to the de facto complainant to work out his remedy by filing appropriate protest petition to the concerned 2/4

Magistrate.

4. With the said observations, this Criminal Original Petition is disposed of. Consequently, the connected Criminal Miscellaneous Petition is also closed.

02.11.2022 rpl Index: Yes/No Speaking Order/Non Speaking Order To 1.The Inspector of Police, R-4, Soundarpandiyanar Angadi Police Station, Chennai.

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

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Dr.G.JAYACHANDRAN, J.

rpl 02.11.2022 4/4