M.Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.12679 of 2017 M.Ganesan : Petitioner/Defacto Complainant Vs.

The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

(Crime No.72 of 2013) : Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the respondent herein to file the charge sheet in Crime No.72 of 2013 for the offences under Sections 302 I.P.C before the concerned Court within the time stipulated by this Court.

For Petitioner : Mr.A.Shajahan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

This Petition has been filed to direct the respondent herein to file a charge sheet in Crime No.72 of 2013, for the offences under Sections 302 I.P.C.

2.The respondent Police have filed a report before the concerned Court by stating that the case remains un-deducted. On that ground, a Closure report has been filed and RCS (Referred Charge Sheet) notice was also served on the petitioner. It is a settled law that the case which is in the stage of "un-detected", is only a stage under investigation and the investigation can never be closed on this account. Therefore, the respondent Police is directed to continue with an investigation in accordance with law.

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3.Accordingly, the Criminal Original Petition stands closed. Sd/- Assistant Registrar (WRITS) // True Copy // Sub Assistant Registrar(CS-I) To

1. The Inspector of Police, Aruppukottai Town Police Station, Virudhunagar District.

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

+ 1 CC TO MR.A.SHAJAHAN, ADVOCATE IN SR NO. 80704 TSG BU/SKN/SAR-I : 28.09.2018 : 2P/4C Crl.O.P.[MD].No.12679 of 2017 28.08.2018 https://hcservices.ecourts.gov.in/hcservices/