Ukkarapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Ukkara Pandian ... Petitioner versus State Rep. by The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

... Respondent Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent Police to file a final report before the learned Judicial Magistrate No.VI, Madurai, Madurai District in Crime No.313 of 2023 pending investigation on the file of the respondent Police.

For Petitioner : Mr.B.Santhanam Rajesh Kumar For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

The petitioner has filed this Criminal Original Petition seeking a direction to the respondent Police 1/4

to file a final report before the learned Judicial Magistrate No.VI, Madurai, Madurai District in Crime No.313 of 2023, within a stipulated time.

2. The learned Additional Public Prosecutor submits that on the complaint of the accused in this case, a case was already registered in Crime No.80 of 2023, wherein, a charge sheet was also filed in C.C.No. 1268 of 2023 before the learned Judicial Magistrate No.VI, Madurai. Thereafter, the petitioner has lodged a complaint before the learned Judicial Magistrate, which was also referred under Section 156(3) Cr.P.C. and the same was registered in Cr.No.313 of 2023.

3. The learned Additional Public Prosecutor further submits that from the materials collected so far, the Investigating Agency comes to a conclusion that this case is a false one and therefore, they are going to refer the case. The RCS notice could not be served in view of election duty. The respondent Police also undertakes to serve the RCS notice on the 2/4

complainant within a period of two weeks from the date of receipt of a copy of this order.

4. In view of the said submission, this Criminal Original Petition is closed with a direction to the respondent Police to serve RCS notice on the petitioner enabling him to work out his remedy before the concerned Judicial Magistrate. The petitioner is at liberty to file a protest petition before the concerned Judicial Magistrate. If any such petition is filed, the concerned Judicial Magistrate shall take a call based on the materials available.

18.04.2024 NCC : Yes / No.

Index : Yes / No.

Internet: Yes / No.

ogy To

1. The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

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

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B.PUGALENDHI, J.

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