Madras High CourtCRL RC(MD)/587/2024disposed of

Sivakumar @ Sasikumar v. Vedaviyasan

2024-08-02Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.08.2024

CORAM

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN and Crl.M.P(MD).No.6013 of 2024 1.Sivakumar @ Sasikumar 2.Athul Jebbar & Abdul Jabar .. Petitioners Vs.

1.Vedaviyasan 2.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

... Respondents PRAYER: This Criminal Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to call for the records pertaining to the impugned order dated 01.08.2023 passed in C.M.P.No.169 of 2022 in C.C.No.480 of 2019 on the file of the learned Judicial Magistrate No.I, Kuzhithurai and to set aside the same.

For Petitioners : Mr.M.R.Sreenivasan For R1 : Mr.N.Mohamed Asife For R2 : Mr.S.Ravi Additional Public Prosecutor 1/4

ORDER

This petition has been filed to call for the records pertaining to the impugned order dated 01.08.2023 passed in C.M.P.No.169 of 2022 in C.C.No.480 of 2019 on the file of the learned Judicial Magistrate No.I, Kuzhithurai and to set aside the same.

2. The petitioner is the accused in C.C.No.480 of 2019 on the file of the learned Judicial Magistrate No.I, Kuzhithurai. The defacto complainant made a complaint against the petitioner that the petitioner has committed the theft of 38 sovereigns of gold jewels. After the registration of the complainant, the respondent police conducted the investigation and filed a final report without recovery of any article. Hence, the learned trial judge ordered further investigation. Challenging the same, the present petition has been filed.

3. The learned Additional Public Prosecutor appearing for the second respondent police submitted that as per the direction of the learned trial judge, further investigation is going on.

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4. In view of the submission made by the learned Additional Public Prosecutor, this Criminal Revision Case is disposed of with a direction to the second respondent police to complete the further investigation and file additional final report before the concerned Court as expeditiously as possible. Liberty is granted to the petitioner to workout his remedy after filing the final report. Consequently, the connected miscellaneous petition is closed.

02.08.2024 Index : Yes / No Internet : Yes / No tta To, 1.The Judicial Magistrate No.I, Kuzhithurai.

2.The Inspector of Police, Kaliyakkavilai Police Station, Kanyakumari District.

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

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K.K.RAMAKRISHNAN, J tta Crl.R.C.(MD).No.587 of 2024 02.08.2024 4/4