N.Murugesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.2961 of 2018 N.Murugesan ... Petitioner/Defacto Complainant.

-Vs1.The Superintendent of Police, O/o.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Sengipatti Police Station, Thanjavur District.

(Crime No.71 of 2017) 3.Chelladurai, Head Constable, Sengipatti Police Station, Thanjavur.

... Respondents/Complainants.

PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the second respondent to conduct the speedy investigation in Crime No.71 of 2017 and to file a charge sheet on supervising the 1st respondent.

For Petitioner : Mr.A.P.Muthupandian For RR 1 & 2 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the defacto complainant, to direct the second respondent, to file final report in Crime No.71 of 2017.

2.The learned counsel appearing for the petitioner has submitted that based on the complaint given by the petitioner, the second respondent herein has registered a case in Crime No.71 of 2017 for the offences punishable under Section 365 of IPC on 02.04.2017 and thereafter, the second respondent did not take any action. Hence, he requests to direct the second respondent to file final report at early.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl.Side) appearing for the first and second respondents has submitted, that after

investigation, the matter has been referred as mistake of fact on 10.10.2017 and to that effect, report has also been filed before the learned Jurisdictional Magistrate.

4.The learned counsel for the petitioner by way of reply has submitted the petitioner has not received any information with regard to the filing of the referred charge sheet. 5.Considering the aforesaid submissions, this Criminal Original petition is disposed of. The second respondent is directed to send RCS notice to the petitioner by RPAD within a period of one week from the date of receipt of a copy of this order. It is open to the petitioner to avail any other remedy which is available under the law.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, O/o.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Sengipatti Police Station, Thanjavur District.

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

CRL.O.P.(MD)No.2961 of 2018 07.03.2018 das AM/SV MMS/SAR 1/23.03.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/