Madras High CourtCRL OP/22991/2018disposed of

P.Ramakrishnan v. S Iop Avalurpet Ps Vilpurm

2018-09-26Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2018

CORAM:

The Hon'ble Mr.Justice P. RAJAMANICKAM CRL.OP.No.22991 of 2018 P. Ramakrishnan .. Petitioner/Accused Vs.

1. The State Rep. By The Sub-Inspector of Police, Avalurpet Police Station, Avalurpet, Villupuram District.

.. Respondent/Complainant

2. P.Duraisamy .. 2nd Respondent/ Defacto Complainant PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the 1st respondent to file the closure report in Crime No.136/2016 to the Judicial Magistrate, Ginjee, Villupuram District.

For Petitioner : Mr.Rajarajan For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor for R1

O R D E R

This petition has been filed by the accused to direct the 1st respondent to file the closure report in Crime No.136/2016 to the Judicial Magistrate, Ginjee, Villupuram District.

2. The learned counsel for the petitioner has submitted that already the Civil case is pending between the parties and suppressing the same, the second respondent has lodged a complaint before the first respondent and based on the same, the first respondent has registered the case in Crime No.136/2016 and after investigation he has closed the said FIR as the dispute is Civil in nature. But, so far, the first respondent has not filed the report before the concerned Judicial Magistrate and hence he requests to direct the first respondent to file closure report at early before the concerned Judicial Magistrate.

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3. The learned Public Prosecutor has fairly conceded that the FIR has been closed as the dispute is Civil in nature, but the report has not been filed to that effect before the concerned Judicial Magistrate.

4. After the first respondent has closed the FIR on the ground that the dispute is civil in nature, he has to file the report to that effect before the Judicial Magistrate, Ginjee, Villupuram District within a week from the date of receipt of copy of this order after serving notice to the Defacto complainant.

5. With the aforesaid directions, this petition is disposed of.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vsn/vv To

1. The Judicial Magistrate, Ginjee, Villupuram District.

2. The Sub-Inspector of Police, Avalurpet Police Station, Avalurpet, Villupuram District.

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

+1cc to Mr.P.Rajarajan, Advocate Sr.No.66520 CRL.O.P.No.22991 of 2018 VGI(CO) CSL/12.11.2018 https://hcservices.ecourts.gov.in/hcservices/