Madras High CourtCRL OP(MD)/8879/2020disposed of

Vijaya v. The Commissioner Of Police

2020-08-25Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8879 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:25.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8879 of 2020 Vijaya

...Petitioner/Defacto

Complainant Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.State represented by The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

(Crime No.23 of 2020)

...Respondents/Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent police to expedite the investigation in Crime No.23 of 2020, dated 10.02.2020 and file the final report within a stipulated time as may be fixed by this Court. For Petitioner : Mr.S.Deenadhayalan For Respondents : Mr.APG. Ohm Chairma Prabhu Government Advocate

O R D E R

This petition has been filed seeking direction to the second respondent police to expedite the investigation in Crime No.23 of 2020, dated 10.02.2020 and file a final report within a stipulated time as may be fixed by this Court. 2.Today when the petition is came up for hearing, the learned Government Advocate appearing on behalf of the respondents, on instructions, would submit that the second respondent police had completed the enquiry and filed a final report in Crime No.23 of 2020, before the Judicial Magistrate Court, Pattukottai, Thanjavur District, on 15.02.2020, as "mistake of fact". 3.In this regard, the learned counsel for the petitioner would submit that before filing the closure report, the petitioner / defacto complainant was not informed and due to which, the petitioner may lost the chance to file the protest petition. 4.Now on considering the said submission with the relevant facts of this case, it is necessary to issue the following directions to the second respondent police as well as to the petitioner herein.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8879 of 2020 5.The second respondent police is directed to serve a copy of RCS notice to the petitioner within a period of one week from the date of receipt of a copy of this order. Upon receipt of the same, the petitioner is at liberty to file protest petition before the concerned Court.

6.With the above observations, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) RM Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

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

Crl.O.P.[MD]No. 8879 of 2020 25.08.2020 SPU (02.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2