G.Manikandan v. Iop (Crime) H-8 Thiruvottiyur Ps Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.23709 of 2018 G.Manigandan .. Petitioner/Defacto Complainant Vs State by The Inspector of Police (Crime) H-8 Thiruvottiyur Police Station, Chennai 600 019.

.. Respondent/Complaiant Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent police to file charge sheet in the above Crime No.2045 of 2017 on the file of the respondent within a time frame that may be fixed by this Court. For Petitioner: Mr.K.Karthick & Mr.D.Thanus Kumar for Mr.Mohana Krishnan G.

For Respondent : Mr.C.Raghavan, GA

O R D E R

On instructions, Mr.C.Raghavan, learned Government Advocate submitted that the investigation in Crime No.2045 of 2017 was completed and the case is closed as "mistake of fact" on 13.12.1017 and the R.C.S notice was served in R.C.S.No.48 of 2017. The closure report is ready, but the same has not yet been filed before the Judicial Magistrate, viz., Judicial Magistrate, Thiruvottiyur.

2.However, the learned Government Advocate submitted that when the police attempted to serve the R.C.S notice No.48 of 2017, the de facto complainant refused to receive the same. 3.Now a copy of the closure report has been served on Mr.K.Karthi (Enrolment No.2993/2017) and Mr.D.Thanus Kumar (Enrolment No.2176/2013), counsel on record for the de facto complainant. In view of the above, the respondent police is https://hcservices.ecourts.gov.in/hcservices/

directed to file the closure report before the Judicial Magistrate, Thiruvottiyur within a period of one week from the date of receipt of a copy of this order and thereafter, one month time is granted to file protest application, if any, before the Judicial Magistrate, Thiruvottiyur. With the above direction, this petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar g s a To 1.The Judicial Magistrate, Thiruvottiyur.

2.The Inspector of Police (Crime) The State of Tamil Nadu, H-8 Thiruvottiyur Police Station, Chennai 600 019.

3.The Public Prosecutor, High Court, Madras.

CRL.OP.No.23709 of 2018 VGI(CO) GN(22/11/2018) https://hcservices.ecourts.gov.in/hcservices/