Madras High CourtCRL OP(MD)/8868/2020dismissed as infructuous

Selvaraj v. The Sub Inspector Of Police

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

Crl.O.P.(MD)No.8868 of 2020 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.8868 of 2020 and Crl.M.P(MD).No.4171 of 2020 Selvaraj ... Petitioner/Sole Accused Vs 1.State rep by The Sub Inspector of Police, Thanthonimalai Police Station, Karur District.

(Crime No.322 of 2020) ... 1st Respondent / Complainant 2.D.K.Chandrasekaran ... 2nd Respondents / Defacto complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.322 of 2020 on the file of the first respondent police and quash the same. For Petitioner : Mr.P.Muthusamy For R1 : Mr.Thanga Aravindh Government Advocate (Crl.Side) For R2 : Mr.K.Balasubramani

ORDER

This Criminal Original Petition has been filed to to call for the records in Crime No.322 of 2020 on the file of the first respondent police and quash the same.

2. Today when the matter is taken up for hearing the learned Government Advocate(Crl.Side) would submit that based on the complaint given by the defacto complainant the first respondent police conducted enquiry and closed the complaint as 'Mistake of Fact'.

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

4. Recording the aforesaid submission, this Criminal Original Petition is closed. Further the first respondent police is directed to serve RCS notice to the defacto complainant within a period of two weeks from the date of receipt of copy of this order and the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8868 of 2020 petitioner is at liberty to approach the concerned court by way of protest petition in the manner known to law. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) tta To 1.The Chief Judicial Magistrate, Karur.

2.The Sub Inspector of Police, Thanthonimalai Police Station, Karur District.

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

Crl.O.P.(MD)No.8868 of 2020 22.03.2022 nsn(CO) TR(30.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2