Madras High CourtCRL OP(MD)/2126/2019disposed of

Ganesan, v. The Inspector Of Police

2019-04-04Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.2126 of 2019 Ganesan ... Petitioner /Vs./ State represented by The Inspector of Police, Viraleemalai Police Station, Pudukkottai District.

...Respondent

[Crime No.240 of 2013] PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to expedite the investigation in Crime No.240 of 2013 on the file of the respondent police and file final report within a time fixed by this Court.

For Petitioner : Mr.S.Vellaichamy For Respondent : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The present petition is filed to direct the respondent to expedite the investigation in Crime No.240 of 2013 on the file of the respondent police and file final report within a time fixed by this Court.

2. When this case came up before this Court on 11.02.2019, this Court was informed that the investigation in the case was dropped as the allegations made in the FIR are mistake of fact. This Court wanted to ascertain the said fact from the concerned Magistrate and a report was received that no final report to that effect was filed before the Magistrate.

3. Today, the learned Additional Public Prosecutor attempted to make a statement, but still was not able to ascertain if the Court was informed about the dropping of investigation.

4. Without getting into the same, this Court now records that the respondent police has dropped the investigation in this case on the ground of mistake of fact and he is now directed to serve notice on the petitioner, whereupon the petitioner is directed to work out his remedy before the concerned Magistrate as per law.

5. Accordingly, this criminal original petition is disposed of. Sd/- Assistant Registrar (cs-II) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS )

To 1.The Inspector of Police, Viraleemalai Police Station, Pudukkottai District.

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

+1cc to Mr.S.Vellaichamy, Advocate, SR.No.58974 Crl.O.P.(MD)No.2126 of 2019 04.04.2019 SP/30.04.2019/ 2P/4C https://hcservices.ecourts.gov.in/hcservices/