Madras High CourtCRL OP/30077/2024disposed of

Mathandi Tamilarasi v. The Deputy Superintendent Of Police

2024-12-11Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.12.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN -- Mathandi Tamilarasi .. Petitioner Vs.

1. The Deputy Superintendent of Police, Namakkal District, Namakkal.

2. Ramasamy

3. Singara Vadivelan

4. Palanisamy

5. Leela .. Respondents Criminal Original Petition filed under Section 528 of BNSS to direct the Judicial Magistrate No.II, Namakkal to dispose of the protest petition in Crl.M.P.No.236 of 2022 within the time frame as may be fixed by this Court. For petitioner : M/s.S.Senthil For respondents: Mr.S.Sugendran, Addl.P.P. for R-1 1 / 4

ORDER

This petition is filed to direct the Judicial Magistrate No.II, Namakkal to dispose of the protest petition in Crl.M.P.No.236 of 2022 within the time frame as may be fixed by this Court.

2. When this petition was taken up for hearing on 02.12.2024, this Court directed the Registry to call for the entire records, which were received by this Court. On a perusal of the records, it is seen that the protest petition filed by the petitioner in Crl.M.P.No.236 of 2022, is pending before the Judicial Magistrate-II, Namakkal.

3. Further, the learned Additional Public Prosecutor, appearing for the first respondent-Police, produced status report, signed on 05.12.2024 by the Assistant Superintendent of Police, Namakkal Sub-Division, Namakkal District, and from the status report, it is noticed that the Police received the complaint, dated 25.10.2016, investigated the same and filed a charge-sheet/final report before the Court concerned in accordance with law, stating that the case investigated on the complaint dated 25.10.2016 filed by the petitioner herein/de2 / 4

facto complainant/Mathandi Tamilarasi, is closed as 'mistake of fact' and RCS notice was also served on the complainant by the then Deputy Superintendent of Police.

4. Accordingly, the Judicial Magistrate-II, Namakkal is directed to complete the enquiry, if any still pending, in FR.No.172 of 2017, dated 27.10.2017 and pass appropriate orders on the complaint/protest petition, if any, still pending, filed by the de-fact complainant (Mathandi Tamilarasi) in the manner known to law, within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, this petition is disposed of. 11.12.2024 cs To

1. The Deputy Superintendent of Police, Namakkal District, Namakkal.

2. The Assistant Superintendent of Police, Namakkal Sub-Division, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

4. The Judicial Magistrate No.II, Namakkal District. 3 / 4

P.VELMURUGAN, J cs 11.12.2024 4 / 4