Madras High CourtCRL OP(MD)/762/2018disposed of

Ismail, S/O.Syed Bava Sahib, v. The Inspector Of Police,

2018-01-18Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2018

CORAM

THE HON'BLE MR.JUSTICE P. RAJAMANICKAM Crl.O.P.(MD) No.762 of 2018 Ismail ... Petitioner -VsThe Inspector of Police, Pettai Police Station, Thirunelveli District.

(Crime No.368 of 2014) ... Respondents Prayer: This Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to direct the respondent to conduct a fair investigation and to file a final report in Crime No.368 of 2014 on the file of the respondent police as contemplated under Section 173(2) of Cr.P.C., within a stipulated time fixed by this Court.

For Petitioner : Mr.D. Nallathambi For Respondent : Mr. Prabhu Ramachandran Government Advocate (Crl. Side)

O R D E R

This petition has been filed to direct the respondent to file a final report in Crime No.368 of 2014, within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner has submitted that the petitioner gave a complaint stating that the accused persons have committed offence under Sections 294(b) and 506 (ii) of IPC and the case was registered by the respondent police on 17.05.2014, but, so far, no final report has been filed.

3. The learned Government Advocate (Crl. Side) appearing for the respondent has submitted that after investigation the matter has been referred as "Mistake of Fact" on 17.05.2014 and the said report has been filed before the concerned Jurisdictional Magistrate, after giving notice to the petitioner.

4. Recording the aforesaid submission, the Criminal Original Petition is closed. It is open to the petitioner to seek any other remedy, which is available in law.

Sd/- Assistant Registrar (Crl side) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To 1.The Inspector of Police, Pettai Police Station, Thirunelveli District.

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

+1cc to Mr.D.NALLATHAMBI,Advocate,SR. 42817 Crl.O.P.(MD) No.762 of 2018 18.01.2018 TRP KK/KKR/SAR 2/06.02.2018/ 2P- 4C/ https://hcservices.ecourts.gov.in/hcservices/