Madras High CourtCRL OP(MD)/2967/2018disposed of

Angel, v. The Superintendent Of Police,

2018-03-08Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.(MD) No.2967 of 2018 Angel ... Petitioner Vs.

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

2. The Sub Inspector of Police, Sayarpuram Police Station, Sayarpuram, Thoothukudi District.

... Respondents PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent to complete the investigation in Crime No.76 of 2016 dated 20.05.2016 and to file final report within the time frame as fixed by this Court. For Petitioner : Mr.J.Ashok For Respondents : Mr.Prabu Ramachandran Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioner to direct the second respondent to file a final report at the earliest in Crime No.76 of 2016.

2.The learned counsel appearing for the petitioner has submitted that based on the complaint given by the petitioner, the second respondent has registered a case on 20.05.2016 in Crime No.76 of 2016 under Sections 147, 448, 294(b), 323 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and thereafter, no action has been taken.

3.The learned Government Advocate(Crl.side) has submitted that after registering the case, investigation has been done and the case has been referred as "Mistake of Fact" on 29.06.2016 and report also has been filed before the learned Judicial Magistrate No.I, Thoothukudi.

https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioner by way of reply has submitted that the petitioner has filed a copy application before

the learned Judicial Magistrate No.I, Thoothukudi on 13.02.2018 seeking copy of the final report and the same was returned on 14.02.2018 stating that no report has been filed. 5.Considering the aforesaid submissions, the Deputy Superintendent of Police, Srivaikundam, Thoothukudi District is directed to verify whether referred charge sheet was filed before the concerned Court. The learned Chief Judicial Magistrate, Thoothukudi is also directed to make surprise inspection to the Judicial Magistrate No.I, Thoothukudi, Thoothukudi District and verify whether the referred charge sheet was filed in Crime No.76 of 2016 on the file of the Sub Inspector of Police, Sayarpuram Police Station and submit a report within a period of two weeks from the date of receipt of a copy of this order. If already report is filed then it is open to the petitioner to avail any other remedy which is available under the law.

6.With the aforesaid directions, this Criminal Original petition is disposed of.

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To

1. The Chief Judicial Magistrate, Thoothukudi District, Thoothukudi.

2. The Superintendent of Police, Thoothukudi District, Thoothukudi.

3. The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.

4. The Sub Inspector of Police, Sayarpuram Police Station, Sayarpuram, Thoothukudi District.

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

+ 1 CC TO Mr.J.ASHOK, ADVOCATE IN SR No. 53998 CP TE/KK/SAR-4 : 03/04/2018 : 2P/7C CRL.OP.(MD) No.2967 of 2018 08.03.2018 https://hcservices.ecourts.gov.in/hcservices/