Jesus Antonyi Xaviar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.5303 of 2023 Jesus Antony Xaviar ... Petitioner Vs.

The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to complete the investigation and to file the final report in Crime No.177 of 2022 dated 09.05.2022 on the file of the respondent within a stipulated period as framed by this Court. For Petitioner : Mr.J.David Ganesan For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking direction to the respondent police to file a final report in Crime No.177 of 2022 within a time as stipulated by this Court. 1/3

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondent would submit that on the basis of the above said FIR, investigation was undertaken and during the course of investigation, it was found that it was a 'Mistake of Fact'. He would further submit that RCS notice was not served to the petitioner/defacto complainant.

4. In view of the above, the respondent is directed to serve RCS notice to the petitioner/defacto complainant and on receipt of the same, the petitioner is at liberty to work out his remedy through appropriate proceedings. Accordingly, this Criminal Original Petition stands disposed of.

21.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No tta To

1. The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

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

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G.ILANGOVAN,J tta Order made in Crl.O.P.(MD)No.5303 of 2023 Dated : 21.03.2023 3/3