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Madras High CourtCRL OP(MD)/19663/2018closed

S.O.Moideen Sahib v. The Deputy Superintendent Of

2018-11-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.19663 of 2018 S.O.Moideen Sahib ... Petitioner/Defacto Complainant Vs.

1.The Deputy Superintendent of Police Thiruchendur, Tuticorin District.

2.The Inspector of Police Arumuganeri Police Station, Tuticorin District.

Crime No.38 of 2014 ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the respondents to file a final report within stipulated time in connection with Crime No.38 of 2014 on the file of the second respondent.

For Petitioner :Mr.R.Saravanan For Respondents :Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to file a final report within stipulated time in connection with Crime No.38 of 2014 pending on the file of the second respondent. 2.The learned counsel for the petitioner would submit that the petitioner lodged a complaint before the second respondent in respect of theft of jewels. On the complaint given by the petitioner, the case has been registered in Crime No.38 of 2014 for the offences under Sections 417, 420 and 379( NHO) I.P.C., dated 27.01.2014. The learned counsel for the petitioner would further submit that despite the case being registered in the year 2014, there is no progress in the investigation and the respondent police accepted to file a final report.

3.The learned Additional Public Prosecutor would submit that the second respondent has completed the investigation and filed the final report on 17.03.2017 referring the case as 'mistake of fact'. However, he would submit that the final report has not been numbered and no notice has been sent to the petitioner sofar. https://hcservices.ecourts.gov.in/hcservices/ 4.The submission made by the learned Additional Public Prosecutor is recorded. However, the final report has been filed

referring to the case as 'mistake of fact', the petitioner shall take appropriate proceedings in accordance with law. 5.With this observation, this Criminal Original Petition is closed.

Sd/ Assistant Registrar(Crl Side) /True copy/ Sub Assistant Registrar(CS-II) To 1.The Deputy Superintendent of Police Thiruchendur, Tuticorin District.

2.The Inspector of Police Arumuganeri Police Station, Tuticorin District.

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

4.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.M.VEILKANIRAJU, Advocate, SR.No. 94857 Crl.O.P.(MD).No.19663 of 2018 LS KK/SKN/SAR-2/04.12.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/