Madras High CourtCRL OP(MD)/10543/2020disposed of

Thirumalaiyandi v. The Inspector Of Police

2020-10-01Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.10543 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.10543 of 2020 Thirumalaiyandi ... Petitioner Vs.

The State represented by the Inspector of Police, K.V.Nallur Police Station, Tirunelveli District.

(Presently Tenkasi District) Crime No.209 of 2016 ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent to file a final report in Crime No.209 of 2016, on the file of the respondent within a time frame fixed by this Court.

For Petitioner : Mr.K.Naveenatharaja For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to direct the respondent to file a final report in Crime No.209 of 2016, within the stipulated period as may be fixed by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.Today, when the petition is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that in connection with Crime No.209 of 2016, the respondent Police herein has completed the investigation and prepared a final report in the year of 2016 itself as "Mistake of Fact". He would further submit that though the final report has been prepared by the respondent as "Mistake of Fact", after serving the same to the de facto complainant, the same has not been presented before the learned Judicial Magistrate, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10543 of 2020 Sankarankovil. In this regard, he would undertake before this Court to produce the said final report before the learned Judicial Magistrate, Sankarankovil, within a period of two weeks.

4. Recording the above said submission made by the learned Additional Public Prosecutor, this Criminal Original Petition stands disposed of with a direction to the respondent to file a final report within a period of two weeks from the date of receipt of a copy of this order, after serving a fresh R.C.S. notice to the de facto complainant. Upon serving of such R.C.S. notice, the de facto complainant is at liberty to take appropriate action in accordance with law.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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 Inspector of Police, K.V.Nallur Police Station, Tirunelveli District.

(Presently Tenkasi District)

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

Crl.O.P.[MD]No.10543 of 2020 01.10.2020 SCR(CO) CS(12.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2