Madras High CourtCRL OP(MD)/4306/2023disposed of

A.Sethurowthri v. The Superintendent Of Police

2023-03-08Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN A. Sethurowthri ... Petitioner Vs.

1. The Superintendent of Police, Madurai District, Alagarkovil Road, Surveyor Colony, Madurai - 625 007.

2. State, rep by the Inspector of Police, Koodakovil Police Station, Madurai District.

(Crime No. 83 / 2018) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent police, to expedite the investigation in Crime No. 83 of 2018 dated 28.07.2018 and file the Final Report within a stipulated time as may be fixed by this Court. For Petitioner : Mr.P. Saravanakumar For Respondents : Mr.R. Suresh Kumar Government Advocate(Crl. Side) 1/4

ORDER

This petition has been filed seeking direction to the 2nd respondent police, to expedite the investigation in Crime No. 83 of 2018 dated 28.07.2018 and file the Final Report within a stipulated time as may be fixed by this Court.

2. The petitioner has filed Crl.O.P(MD).No.19750 of 2018, at the time of hearing, the learned Government Advocate(Crl. Side) appearing for the respondent police submitted that the investigation has been completed and the final report was filed before the concerned Court as "Mistake of Fact". Thereafter, the petitioner moved proper application under RTI seeking information , 23.03.2022 it was replied that the investigation is still pending. Therefore, the present petition has been filed.

3. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the investigation has already been completed and final report has been filed before the concerned Court as 'Mistake of Fact'. He would further submit that RCS notice was also served on the petitioner through registered post and acknowledgment card is also available in the CD file.

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4. In view of the above, the respondent police is directed to serve the RCS notice to the petitioner. After receiving notice, the petitioner shall workout her remedy through the appropriate remedy. With the above directions, this Criminal Original petition is disposed of.

08.03.2023 Index : Yes/No Internet:Yes/No tta To

1. The Superintendent of Police, Madurai District, Alagarkovil Road, Surveyor Colony, Madurai - 625 007.

2. The Inspector of Police, Koodakovil Police Station, Madurai District.

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G.ILANGOVAN, J., tta 08.03.2023 4/4