Madras High CourtCRL OP(MD)/15315/2015disposed of

Pandiyaraj v. The Inspector Of Police

2015-08-07Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Criminal Original Petition(MD)No.15315 of 2015 Pandiyaraj ... Petitioner Vs.

The Inspector of Police, Boilor Plant Police Station, Trichy District.

(Crime No.9 of 2015) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to direct the respondent herein to file a final report in Crime No.9 of 2015 dated 18.01.2015 at the earliest which is pending on the file of the respondent. For Petitioner : Mr.G.Ganesh Kumar For Respondent : Mr.K.Anbarasan Government Advocate(Crl. Side)

ORDER

The petitioner has come forward with this petition seeking for a direction, directing the respondent Police to investigate the matter in Crime No.9 of 2015 and to file a final report within the time stipulated by this Court.

2. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case in Crime No.9 of 2015 has been registered for the offences under Sections 420, 294(b) and 506(ii) of the Indian Penal Code against the named accused, but the respondent has not shown any interest to investigate the case and to file a final report and hence, the petitioner has come forward with this petition for the above stated relief.

3. At this juncture, the learned Government Advocate (Criminal Side), on instructions, would submit that on the basis of the complaint given by the petitioner, the case has been registered and investigation has been completed and the same has been closed as 'Mistake of Fact' on 25.03.2015. He has also fairly conceded that the Referred Charge Sheet Notice has not been served to the petitioner/defacto complainant.

4. Considering the rival submissions made on either side, the respondent is directed to serve Referred Charge Sheet Notice to the petitioner within a period of one week from the date of receipt of a copy of this order. It is left open to the petitioner to approach the appropriate forum, after receipt of Referred Charge Sheet Notice. https://hcservices.ecourts.gov.in/hcservices/

5. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar ps To 1.The Inspector of Police, Boilor Plant Police Station, Trichy District.

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

+1CC to M/S.G.Ganesh Kumar ADV. SR.No.45441 GJM-20.8.15-2P-4C Crl.O.P(MD)No.15315 of 2015 Dated: 07.08.2015 https://hcservices.ecourts.gov.in/hcservices/