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Madras High CourtCRL OP(MD)/3806/2024closed

Sumithra v. The Superintendent Of Police

2024-04-10Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.3000 of 2024 Sumithra ... Petitioner Vs.

1. The Superintendent of Police Theni, Theni District.

2. The Inspector of Police Palanichettypatti Police Station, Theni, Theni District.

Cr.No.68/2022 ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records with regards to the final report filed in C.C.No.289 of 2022 on the file of the learned Chief Judicial Magistrate Theni, Theni District and to set aside the same and subsequently direct the 2nd respondent to further investigation in Crime No.68 of 2022 on the file of the 2nd respondent herein and to file charge sheet afresh. For Petitioner : Mr.C.Suresh Kanan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

O R D E R

The petitioner has filed this Petition to set aside the final report filed in C.C.No.289 of 2022 on the file of the learned Chief Judicial Magistrate Theni, Theni District and subsequently to direct the 2nd respondent to conduct further investigation in Crime No.68 of 2022 on the file of the 2nd respondent herein and to file charge sheet afresh.

2. The learned Additional Public Prosecutor submits that necessary application has already been moved before the concerned Magistrate for correcting the mistake crept-in in the final report.

3. Recording the submission of the learned Additional Public Prosecutor, this criminal original petition is closed with a further direction to the respondent to correct the mistake, by filing necessary application and file a final report as expeditiously as possible, preferably, within a period of three months from the date of receipt of copy of this order. Consequently, connected Miscellaneous Petition is closed.

10.04.2024 Index : Yes/No Internet:Yes NCC : Yes/No LS 2/4

To 1.The Chief Judicial Magistrate, Theni, Theni District.

2. The Superintendent of Police Theni, Theni District.

3. The Inspector of Police Palanichettypatti Police Station, Theni, Theni District.

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

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B.PUGALENDHI,J LS Order made in 10.04.2024 4/4