Madras High CourtCRL OP(MD)/14423/2017allowed

Duraisamy, v. The Inspector Of Police,

2017-11-08Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.14423 of 2017 Duraisamy ... Petitioner -VsThe State represented by Inspector of Police, Silaiman Police Station, Maduri District.

(Crime No.429 of 2016) ... Respondent PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the first respondent police to complete the investigation in Crime No.429 of 2016 and to file final report within a time limit that may be stipulated by this Court. For Petitioner : Mr.S.Ravi For Respondent : Mr.K.S.Durai Pandian Additional Public Prosecutor ***

O R D E R

This Criminal Original Petition has been filed for issuing a direction to the respondent to complete the investigation in Crime No.429 of 2016 and to file final report within a time limit that may be stipulated by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.The petitioner is the de-facto complainant and he had lodged a complaint as against certain individuals. Though the complaint was registered in Crime No.429 of 2016 for offences punishable under section 147, 148 and 324 of Indian Penal Code, it is stated by the learned Additional Public Prosecutor that the case is closed as mistake of fact after conducting enquiry and completing the investigation. He further stated that RC notice was also served on the petitioner / de-facto complainant.

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4.The learned counsel for the petitioner submitted that the said notice was sent after filing the present Criminal Original Petition before this Court.

5.Having regard to the above facts, this Court is not inclined to entertain the petition. Accordingly, the Criminal Original Petition is dismissed. However, it is open to the petitioner to file protest petition, if he is so advised.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Inspector of Police, Silaiman Police Station, Maduri District.

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

+One cc to M/s.S.Ravi, Advocate, SR.No.86113 IA RL/4C/2P/JC/SAR3/24/11/2017 CRL.O.P.(MD)No.14423 of 2017 08.11.2017 https://hcservices.ecourts.gov.in/hcservices/