Madras High CourtCRL OP(MD)/4619/2019disposed of

Velayutham v. The Commissioner Of Police

2019-03-28Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.4619 of 2019 Velayutham : Petitioner Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Assistant Commissioner, Law and Order, Palayamkottai Sub-Division, Tirunelveli.

3.The Inspector of Police, Melappalayam Police Station, Tirunelveli City, Tirunelveli.

(Crime No.293 of 2016) : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the first respondent to appoint a Senior police officer to investigate the case in Crime No.293 of 2016 on the file of the 3rd respondent police and to file the final report within the period stipulated by this Hon'ble Court. For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the first respondent to appoint a Senior police officer to investigate the case in Crime No.293 of 2016 on the file of the 3rd respondent police and to file the final report.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. This Court has paid its anxious consideration to the submissions made on either side.

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3. The learned counsel for the petitioner submitted that it is a case in counter and the case was registered against the accused

in Crime No.292 of 2016, which includes offence under Section SC/ST (POA) Act. The complaint preferred by the petitioner was registered in Crime No.293 of 2016.

4. The learned Additional Public Prosecutor appearing for the respondents submitted that the present case in Crime No.293 of 2016 has been closed as mistake of fact on 23.04.2016. He fairly conceded that no notice of closure of investigation is given to the petitioner. The said statement is recorded. 5.The petitioner is now required to approach the concerned Magistrate Court to workout his remedy as per law. 6.Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (crl.side) // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Assistant Commissioner, Law and Order, Palayamkottai Sub-Division, Tirunelveli.

3.The Inspector of Police, Melappalayam Police Station, Tirunelveli City, Tirunelveli.

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

1 CC to M/s.ANANTH.C.RAJESH, Advocate ( SR-57444[F] dated 28/03/2019 ) cm Crl.O.P.[MD]No.4619 of 2019 28.03.2019 KM/(12.04.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/