Madras High CourtCRL OP(MD)/9215/2020closed

R.Prabhakaran v. The Superintendent Of Police

2020-09-02Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9215 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9215 of 2020 R.Prabhakaran ... Petitioner Vs.

1.The Superintendant of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Thiruverumbur, Trichy District.

3.The Inspector of Police, Navalpattu Police Station, Trichy District.

(In crime No.48 of 2020) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents to file the final report in Crime No.48 of 2020 dated 05.03.2020 before the learned Judicial Magistrate Court No.III, Trichy, within the stipulated time as fixed by this Court.

For Petitioner : Ms.R.Yamuna For Respondents : Mr.R.Erottuchamy Government Advocate(crl.side)

O R D E R

This criminal original petition has been filed seeking a direction to direct the respondents to file a final report in Crime No.48 of 2020 dated 05.03.2020 before the learned Judicial Magistrate Court No.III, Trichy, within the stipulated time as fixed by this Court.

2.Today, when the petition is taken up for hearing, the learned Government Advocate(crl.side) appearing for the respondents, on instructions, would submit that in respect of the Crime No.48 of 2020, the third respondent herein completed the investigation and filed a final report on 25.04.2020 before the learned Judicial Magistrate No.III, Trichy, as "Mistake of Fact". 3.In this regard, the learned counsel appearing for the petitioner would submit that before filing the final report by mentioning as "Mistake of Fact", no RCS notice was served upon the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9215 of 2020 petitioner.

4.The submission made by the learned counsel appearing on either side is recorded.

5.In view of the above, it would appropriate to give some direction to the third respondent. Accordingly, the third respondent police is directed to send a copy of the RCS notice to the petitioner within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the petition is at liberty to file a protest petition before the competent Court of law within a period of thirty days, thereafter.

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

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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 Superintendant of Police, Trichy District,Trichy.

2.The Deputy Superintendent of Police, Thiruverumbur, Trichy District.

3.The Inspector of Police, Navalpattu Police Station, Trichy District.

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

Crl.O.P.[MD]No.9215 of 2020 02.09.2020 AP(11/09/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2