Madras High CourtCRL OP(MD)/11368/2017disposed of

M.K. Kathirvelu v. The Inspector Of Police

2017-08-29Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.11368 of 2017 M.K.Kathirvelu ... Petitioner -VsThe Inspector of Police, Karungal Police Station, Kanyakumari District.

(In Crime No.255 of 2015) ... Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the respondent to complete the investigation in respect of Crime No.255 of 2015, dated 03.05.2015 and to file a final report within the time stipulated by this Court.

For Petitioner : Mr.S.J.Chakkaravarthy For Respondent : Mr.K.Anbarasan, Government Advocate(Crl. Side).

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O R D E R

This Criminal Original petition is filed seeking a direction to the respondent to complete the investigation in respect of Crime No.255 of 2015, dated 03.05.2015 and to file a final report within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondent.

3. It is submitted that on the basis of the complaint given by the petitioner as against the private individuals, a case was registered in Crime No.255 of 2015 for the offences under Sections 448, 294(b), 323 and 506(ii) I.P.C. Though the First Information https://hcservices.ecourts.gov.in/hcservices/

Report was registered in the year 2015, it is stated that it was simply kept in the cold storage for more than two years, without any progress. It is further stated that the respondent police have not taken any steps to proceed with further investigation. In such circumstances, the learned counsel for the petitioner submitted that the petitioner is constrained to file the above Criminal Original petition for a direction directing the respondent police to complete the investigation in respect of the Crime No.255 of 2015.

4. The learned Government Advocate(Criminal Side) however on instructions submitted that the case was closed as "Mistake of Fact" and that R.C.S.Notice was also sent to the petitioner. He further submitted that he handed over a copy of the R.C.S.Notice to the learned counsel for the petitioner.

5. In the said circumstances, the Criminal Original petition is closed.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, Karungal Police Station, Kanyakumari District.

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

+One cc to M/s.S.J.Chakkaravarthy, Advocate, SR.No.74980 pmu RL/4c/2p/JC/SAR2/7/9/2017 CRL.O.P.(MD)No.11368 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 29.08.2017