Prabhakaran v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Prabhakaran ... Petitioner/Defacto Complainant Vs.

1. The Commissioner of Police, Office of the Commissioner, Alagarkoil Road, Madurai District.

2. The Assistant Commissioner of Police, Vilakkuthoon, Madurai District.

3. The Inspector of Police, Vilakkuthoon Police Station, Madurai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 1st respondent to issue suitable orders to withdraw and transfer the investigation in Crime No.152 of 2022 pending on the file of the 3rd respondent to the 2nd respondent for a fair and speedy investigation and to apprehend and to arrest the accused in accordance with law within a reasonable time. 1/4

For Petitioner : Mr. Babujaganath R For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the 1st respondent to issue suitable orders to withdraw and transfer the investigation in Crime No.152 of 2022 pending on the file of the 3rd respondent to the 2nd respondent for a fair and speedy investigation.

2. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that investigation has been completed in Crime No.152 of 2022. During the course of investigation, it was found that it is a mistake of fact. Hence, further action was dropped, advising the parties to workout their remedy through appropriate proceedings through appropriate forum. He would further submit that RCS notice was not served upon the petitioner/defacto complainant so far.

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3. In view of the above said development, the third respondent is directed to serve RCS notice to the petitioner/defacto complainant, so that he can workout his remedy through appropriate proceedings.

4. With the above said direction, this Criminal Original petition stands disposed of.

07.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To

1. The Commissioner of Police, Office of the Commissioner, Alagarkoil Road, Madurai District.

2. The Assistant Commissioner of Police, Vilakkuthoon, Madurai District.

3. The Inspector of Police, Vilakkuthoon Police Station, Madurai District.

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 07.06.2023 4/4