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Madras High CourtCRL OP(MD)/5677/2019closed

Perumayee, v. The Inspector Of Police,

2019-04-16Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDANPANI Crl.O.P.(MD)No.5677 of 2019 Perumayee ... Petitioner Vs.

The Inspector of Police Devathanapatti Police Station, Theni District.

...Respondent

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C, to direct the respondent to comply with the order dated 31.10.2018 passed by the Judicial Magistrate, Periyakulam made in Cr.M.P.No.3959 of 2018.

For Petitioner : Mr.C.Muthusaravanan For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to direct the respondent to comply with the order dated 31.10.2018 passed by the Judicial Magistrate, Peryiakulam made in Cr.M.P.No.3959 of 2018. 2.Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing the respondent Police.

3.The learned Counsel for the petitioner submitted that the petitioner filed a petition under Section 156(3) of CrPC before the Judicial Magistrate, Periyakulam in CrMP No.3959 of 2018, wherein the Judicial Magistrate, on 31.10.2018 issued a direction to the Inspector of Police / respondent herein, to investigate the matter and file a final report within a period of one month. However, the respondent did not comply with the order of the Judicial Magistrate. Hence, the petitioner has filed the present Criminal Original Petition with the above prayer.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the direction of the learned Judicial Magistrate has been complied with in letter and spirit. The case was referred as mistake of fact and copy of the same was also furnished to the petitioner. Hence, there is nothing required for any adjudication in this petition.

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5.In view of the submissions made on either side, nothing further survives for further adjudication in this criminal original petitioner and accordingly, this criminal original petition is dismissed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To:

1. The Judicial Magistrate, Periyakulam.

2. The Inspector of Police Devathanapatti Police Station, Theni District.

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

Crl.O.P.(MD)No.5677 of 2019 16.04.2019 dsk AE (26.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/