Madras High CourtCRL OP(MD)/3050/2024disposed of

Marappan v. The Inspector Of Police

2024-02-29Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.02.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

1. Marappan

2. Thangavel

...Petitioners

Vs.

1.State represented by The Inspector of Police, Vangal Police Station, Karur District.

(Crime No.118 of 2022)

2. Nallasamy ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first Respondent to expedite the investigation based on the counter F.I.R filed in Crime No.118 of 2022 dated 05.03.2022 and to file the final report on the same accordingly within the stipulated time, based on the representation dated 16.02.2024. For Petitioners : Mr.S.Ramanathan For R-1 : Mr.M.Veeranthiran Government Advocate (Crl. side) 1/4

ORDER

The learned Counsel for the Petitioners submitted that the first Petitioner is the de-facto Complainant in Crime No.118 of 2022. It is the case and counter case.

2.The aggressors against the Petitioners had also lodged a complaint. Based on the complaint, an F.I.R was registered in Crime No.117 of 2022. The Respondent Police had completed the investigation and laid the final report before the Court of the learned Judicial Magistrate No.II, Karur and . Therefore, the Petitioners had filed this petition seeking direction against the Respondent Police to expedite the investigation and final the final report.

3.The learned Government Advocate (Criminal side) on instructions from the Respondent Police submitted that the complaint of the Petitioners was registered as F.I.R in Crime No.118 of 2022 and the same was closed as a mistake of fact. The learned Government Advocate (Criminal side) is directed to serve the copies of the closure report, closing the investigation in Crime No,118 of 2022 on the Petitioner/de-facto Complainant. 4.If the Petitioner/de-facto complainant had filed any protest petition, 2/4

the learned Judicial Magistrate No.II, Karur, shall hear the protest petition and pass appropriate orders. Till such time, the final report laid by the Investigation Officer in Crime No.117 of 2022 shall be kept in abeyance. It is purely the discretion of the learned Judicial Magistrate No.II, Karur, to pass appropriate orders or to proceed further. 5.With the above said direction, this Criminal Original Petition is disposed of.

29.02.2024 Index : Yes/No Internet:Yes/No jbr To

1. The Inspector of Police, Vangal Police Station, Karur District.

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

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SATHI KUMAR SUKUMARA KURUP, J., jbr 29.02.2024 4/4