Madras High CourtCRL OP(MD)/2063/2021allowed

Indira v. The Commissioner Of Police

2021-02-11Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.2063 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.2063 of 2021 Indira ... Petitioner Vs.

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

2.The Inspector of Police, Keeraithurai Police Station, Madurai.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent, to investigate the matter and to file final report within stipulated time frame in Crime No.802 of 2019 dated 22.09.2019.

For Petitioner : Mr.S.Rajaguru For Respondents 1& 2 : Mr.R.Erottuchamy Government Advocate

ORDER

The present petition has been filed by the petitioner under Section 482 of Code of Criminal Procedure, to direct the second respondent, to investigate the matter in Crime No.802 of 2019 and to file final report within stipulated time.

2.Mr.R.Erottuchamy, learned Government Advocate (Criminal side), who accepts notice on behalf of the respondents 1 and 2, on instructions, would submit that on the complaint lodged by the petitioner, a case has been registered in Crime No.802 of 2019, investigation has already been completed and the complaint has been closed as 'Mistake of Fact', thereafter, the second respondent also filed referred charge sheet before the concerned Magistrate. 3.The learned counsel for the petitioner would submit that the respondent police did not serve any R.C.S. notice to the petitioner. 4.The petitioner is given liberty to file protest petition before the concerned Judicial Magistrate within a period of one https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2063 of 2021 month from the date of receipt of copy of this order. On such petition, the concerned Judicial Magistrate is directed to consider the same in accordance with law and to pass suitable orders within a period of one month therefrom.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Chief Judicial Magistrate, CJM Court, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, Keeraithurai Police Station, Madurai.

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

Crl.O.P.(MD)No.2063 of 2021 11.02.2021 nsm(CO) KK(24.02.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2