Madras High CourtCRL OP(MD)/553/2023disposed of

Jhansirani @ Jhansi Mary v. The Deputy Superintendent Of Police

2023-06-13Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD)No.513 of 2023 Jhansirani @ Jhansi Mary ... Petitioner/2nd Accused Vs.

1.The Deputy Superintendent of Police, Thiruverumbur, Trichy District.

2.The Inspector of Police, Thuvakkudi Police Station, Thuvakkudi, Trichy District.

(Crime No.171 of 2022) ....Respondents 1 and 2/Complainants

3. K.Anbalagan ... 3rd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in FIR in Crime No.171 of 2022 dated 14.12.2022 on the file of the second respondent and quash the same as illegal as against the petitioner concerned. 1/4

For Petitioner : Mr.S.Krishnan For R1 and R2 : Mr.S.Manikandan Government Advocate (Crl. Side) For R3 : Mr.P.Banuprasath

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records in FIR in Crime No. 171 of 2022 dated 14.12.2022 on the file of the second respondent and quash the same as illegal as against the petitioner concerned.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that investigation has already been completed and final report has been filed before the concerned Court as 'Mistake of Fact'. He would further submit that RCS notice was not served on the third respondent/defacto complainant.

3. In view of the above said development, nothing survives for further consideration or direction in this matter. Hence, this Criminal 2/4

Original Petition stands disposed of as infructuous. Consequently, connected Miscellaneous Petition is closed. However, the second respondent is directed to serve RCS notice to the third respondent/defacto complainant.

13.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Deputy Superintendent of Police, Thiruverumbur, Trichy District.

2.The Inspector of Police, Thuvakkudi Police Station, Thuvakkudi, Trichy District.

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 13.06.2023 4/4