Madras High CourtCRL OP(MD)/11032/2024disposed of

Sivakumar v. The Inspector Of Police

2024-07-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11032 of 2024 Sivakumar ... Petitioner Vs The Inspector of Police, K.Pudur Police Station, Madurai City, Madurai District.

Crime No. 99/2023.

...Respondent

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to file a final report in Crime No. 99/2023 u/s 457, 380 of IPC dt. 30.04.2023 within the time stipulated by this Court.

For Petitioner : Mr. K.Dinesh, For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.side)

O R D E R

The petitioner has approached this Court that the respondent police has not filed the final report in Crime No.99/2023, dated 30.04.2023.

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2.The learned counsel appearing for the petitioner submits that he has lodged a complaint before the respondent police that a sum of Rs.1,99,000/- has been stolen from his shop, based on which, a criminal case has been registered on 30.04.2023. However, there is no progress in the investigation.

3.Mr.P.Kottaichamy, learned Government Advocate (Crl.side) takes notice for the respondent and submits that the investigation has been completed and they have referred the case as 'mistake of fact'. He further submits that the RCS Notice would be served on the petitioner, within a period of one week. 4.This Court considered the rival submissions made. 5.The grievance of the petitioner is that the petitioner's complaint has not been acted upon. The respondent claims that after completion of investigation, the case has been referred as 'mistake of fact'. In view of the above, the respondent police is directed to serve the RCS Notice along with the final report to the petitioner within a period of ten days from the date of receipt of a copy of this order. The petitioner 2/4

is at liberty to challenge the same by filing a protest petition before the concerned Magistrate Court, within a period of two weeks from thereon. 6.With the above directions, this Criminal Original Petition is disposed of.

22.07.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn To 1.The Inspector of Police, K.Pudur Police Station, Madurai City, Madurai District.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.11032 of 2024 22.07.2024 4/4