Madras High CourtCRL OP(MD)/1422/2023disposed of

Ambika v. The Superintendent Of Police

2023-01-25Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Ambika ... Petitioner Vs.

1.The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Karur, Karur District.

3.The Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.254 of 2022) 4.Balusamy 5.Veeramalai ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent to nominate an investigation officer under Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rule 1995 to investigate FIR 1/4

No.254 of 2022 dated 20.05.2022 on the file of the third respondent Thanthonimalai Police Station, Karur District. For Petitioner : Mr.R.Murugappan For R1 to R3 : Mr.SS.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the first respondent to nominate an investigation officer under Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rule 1995 to investigate the case in Crime No.254 of 2022 dated 20.05.2022 on the file of the third respondent.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that the second respondent was appointed to investigate the case in Crime No.254 of 2022 and after investigation, the second respondent has filed the final report as 'Mistake of Fact'.

3. At this juncture, the learned counsel appearing for the petitioner 2/4

would submit that RCS notice was not served on the petitioner/defacto complainant.

4. Recording the submissions made on either sides, the second respondent is directed to serve RCS notice on the petitioner/defacto complainant and the petitioner is at liberty to file a protest petition, if so advised before the jurisdictional Court.

5. With the above direction, this Criminal Original Petition stands disposed of.

25.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Karur, Karur District.

3.The Inspector of Police, Thanthonimalai Police Station, Karur District.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 25.01.2023 4/4