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Madras High CourtCRL OP(MD)/3453/2023disposed of

Kumar v. The Superintendent Of Police

2023-02-23Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Kumar ... Petitioner/ Defacto Complainant Vs.

1.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

(Crime No.89 of 2022) ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to file a final report in Crime No.89 of 2022 within a time as stipulated by this Court. For Petitioner : M/s.V.Sebastinal Preethi For Respondents : Mr.SS.Madhavan Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the respondent police to file a final report in Crime No.89 of 2022 within a time as stipulated by this Court.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that on the basis of the above said FIR, investigation was undertaken and during the course of investigation, it was found that it was a 'Mistake of Fact'. He would further submit that RCS notice was served through speed post on 22.02.2023 to the petitioner/defacto complainant and the same was also affixed and he has also produced the photograph before this Court.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not received any notice so far. 2/4

4. In view of the above, the second respondent is directed to serve RCS notice to the petitioner/defacto complainant once again and on receipt of the same, the petitioner is at liberty to work out his remedy through appropriate proceedings. Accordingly, this Criminal Original Petition stands disposed of.

23.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Pasuvanthanai Police Station, Thoothukudi District.

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

3/4

G.ILANGOVAN ,J.

csm Order made in Dated: 23.02.2023 4/4