T.Tirupathi v. The Superintendent Of Police

CRL OP(MD). No.1757 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.02.2021 PRESENT THE HONOURABLE MRS .JUSTICE R.HEMALATHA CRL OP(MD). No.1757 of 2021 T.Tirupathi ... Petitioner Vs 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Vadipatti Police Station, Vadipatti, Madurai District.

(Crime No.310 of 2016) ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to set aside the final report of the second respondent dated 21.06.2016 in First Information No.310 of 2016 and to direct the second respondent to conduct further investigation.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The present petition is filed seeking for a direction to the second respondent to conduct further investigation in the First Information Report in Crime No.310 of 2016 of Vadipatti Police Station and file final report.

2.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice on behalf of the respondents, on instructions, would submit that the investigation in Crime No.310 of 2016 was already concluded and that a negative final report (referred charge sheet) was also made ready in the instant case.

3.Mr.C.M.Arumugam, learned counsel appearing for the petitioner drew the attention of this Court to a copy of the final report filed by the second respondent closing the investigation as 'Mistake of Fact' and contended that the negative final report/referred charge sheet has not yet been filed before the concerned Judicial Magistrate. He also contended that no notice was issued to the petitioner / defacto complainant till date.

4.In the circumstances, the second respondent is directed to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1757 of 2021 file the referred charge sheet before the concerned Judicial Magistrate within a period of two weeks from the date of receipt of a copy of this order after giving notice to the petitioner and the petitioner, if so advised, can file a protest petition before the concerned Court.

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

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Vadipatti Police Station, Vadipatti, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL OP(MD). No.1757 of 2021 Date : 08.02.2021 KVN(CO) KK(25.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2