Madras High CourtCRL OP(MD)/5263/2022disposed of

S.Gunasekaran v. The Superintendent Of Police

2022-03-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.5263 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.5263 of 2022 S.Gunasekaran ... Petitioner/Defacto Complainant Vs

1. The Superintendent of Police, O/o. The Superintendent of Police, Madurai District.

2. The Inspector of Police, O/o. The Inspector of Police, Melur Police Station, Madurai District.

(Crime No.749 of 2019) ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Respondent No.2 to file the final report in Crime No.749 of 2019 on file of the Respondent No.2 Police Station within a time frame fixed by this Hon`ble Court.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.R.M.Anbunithi No.1 & 2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the second respondent to file the final report in Crime No.749 of 2019 on file of the second respondent police Station within a time frame fixed by this Hon`ble Court. 2.Today when the matter is taken up for hearing the learned Additional Public Prosecutor would submit that based on the complaint given by the defacto complainant the respondent police conducted enquiry and closed the complaint as ' Mistake of Fact ' and the closure report was not filed before the concerned jurisdictional Magistrate.

3.The learned counsel for the petitioner would submit that no RCS notice has been served on him.

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Crl.O.P.(MD)No.5263 of 2022 4.Recording the aforesaid submission, this Criminal Original Petition is closed. Further the respondent police is directed to file the closure report before the concerned jurisdictional Magistrate within a period of two weeks from the date of receipt of a copy of this order and also serve a copy to the petitioner and on receipt of the same, the petitioner is at liberty to approach the concerned court by way of protest petition in the manner known to law.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The Chief Judicial Magistrate, Madurai.

2. The Superintendent of Police, O/o. The Superintendent of Police, Madurai District.

3. The Inspector of Police, O/o. The Inspector of Police, Melur Police Station, Madurai District.

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

Crl.O.P.(MD)No.5263 of 2022 22.03.2022 RS(29.03.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2