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Madras High CourtCRL OP(MD)/5167/2024closed

S.Sunthari v. The Superintendent Of Police

2024-06-28Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI S.Sunthari ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The State rep.by The Inspector of Police, District Crime Branch, Madurai District.

(Cr.No.75 of 2011) ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to file final report in pending FIR in Crime No.75 of 2011 dated 09.11.2011 on the file of the second respondent police within the time stipulated by this Court. For Petitioner : Mr.J.Vijayaraja For Respondents : Mr.P.Kottaichamy, Government Advocate(Crl.side) 1/4

ORDER

The petitioner has approached this Court seeking a direction to the second respondent to complete investigation in Cr.No.75 of 2011 and to file final report, within a time frame.

2.The learned Government Advocate(Crl.side) appearing for the respondents submits that the investigation in Cr.No.75 of 2011 has been completed and the same was closed as "Further Action Dropped" on 30.03.2018.

3.However, the learned counsel appearing for the petitioner disputed that the petitioner has not been served with RCS notice. Therefore, the learned Government Advocate(Crl.side) instructed the second respondent to serve RCS notice to the petitioner and the same was served on him on 24.04.2024.

4.The learned Government Advocate(Crl.side) submits that the petitioner has also filed a protest petition before the concerned Magistrate and he has also appeared before the learned Magistrate on 25.06.2024 and the case is posted 25.07.2024. 2/4

5.The petitioner, who has lodged a complaint in the year 2011, has prepared to come before this Court only in the year 2024. The second respondent has also conducted investigation and filed final report in the year 2018. For a person, who has not prosecuted his complaint from the year 2011, this Court is not inclined to grant any relief. Since the petitioner is having remedy before the learned Magistrate and he has also filed the protest petition, he has to workout the same in the manner known to law. Accordingly, this criminal original petition is closed. 28.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, District Crime Branch, Madurai District.

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

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B.PUGALENDHI,J gns 28.06.2024 4/4