Madras High CourtCRL OP(MD)/7473/2014dismissed as infructuous

M.Amutha Valarmathi v. The Inspector Of Police

2018-02-20Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.(MD)No.7473 of 2014 and M.P.(MD).No.1 of 2014 1.M.Amutha Valarmathi 2.P.Thomas Arulraj ... Petitioners/Accused 1 & 2 -VsState represented by 1.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.525 of 2013) ... Respondent/Complainant 2.P.Sunil ... Respondent/Defacto complainant PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the First Information Report in Crime No.525 of 2013 dated 10.07.2013 on the file of the respondent No.1 alleged for the offences under Sections 406, 468, 471 and 420 of I.P.C and quash the same as illegal.

For Petitioners : Mr.T.Lajapathiroy For 1st Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For 2nd Respondent : Mr.C.Muthu Saravanan

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the First Information Report in Crime No.525 of 2013 dated 10.07.2013 on the file of the respondent No.1 and quash the same.

2.Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/ 3.When this matter is taken up for hearing, the learned Government Advocate (Crl.Side) has submitted that this matter has

already been referred as ' mistake of fact' and a report has been filed before the concerned Judicial Magistrate, Thuckalay on 31.07.2015. He further submitted that RCS notice No.18/2015 was already sent to the defacto complainant.

4.The learned counsel for the second respondent has submitted that sofar, the first respondent has not served Rcs notice. 5.Considering the aforesaid submissions, this Criminal Original Petition is dismissed as infructuous. The first respondent is directed to serve Rcs notice to the second respondent/defacto complainant by RPAD within a period of one week from the date of receipt of a copy of this order. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

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

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

Vs AE/JC/SAR4/06.04.2018/2P/3C .

CRL.O.P.(MD)No.7473 of 2014 20.02.2018 https://hcservices.ecourts.gov.in/hcservices/