Rajasanthakumar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 03.07.2023

CORAM:

The Hon`ble Dr.Justice D.NAGARJUN Crl.O.P.(MD)No.11985 of 2023 Rajasanthakumar ... Petitioner Vs 1.The Deputy Superintendent of police, Office of Deputy Superintendent of police, Pudukottai District.

2.The Inspector of police, Gandharvakottai police station, Pudukottai District.

... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., to direct the respondent to file the final report in respect of Crime No.28 of 2023 before the concerned Judicial Magistrate, Pudukottai, within the time limit that may be stipulated by this Court.

For Petitioner : Mr.M.Pandian For Respondents : Mr.S.S.Madhavan Government Advocate (Crl.side) 1/4

ORDER

This Criminal Original Petition is filed seeking for a direction to the respondent police to complete the investigation in Crime No.28 of 2023 pending on the file of the learned Judicial Magistrate, Pudukkottai. within time limit fixed by this Court.

2. The petitioner is the defacto complainant who has filed a complaint against the accused alleging that they have committed offences punishable under Section 147, 294(b), 323 of IPC and under Section 3(1) (s), 3(1)(r), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

3. The learned Government Advocate (Crl.side) submitted that subsequent to registration of the First Information Report, they have proceeded with the investigation and ultimately concluded that there is no case against the proposed accused, thereby they are proposing to file report under Section 173 of Cr.P.C., closing as mistake of fact. He also submitted that in order to file a report, they require necessary permission from the District Collector and the process has already been initiated. 2/4

Once the approval is obtained, the police is ready to file the report before the concerned Judicial Magistrate.

4. Recording the said undertaking of the learned Government Advocate, this Criminal Original Petition is closed. 03.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No pnn To 1.The Judicial Magistrate, Pudukottai.

2.The Deputy Superintendent of police, Office of Deputy Superintendent of police, Pudukottai District.

3.The Inspector of police, Gandharvakottai police station, Pudukottai District.

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

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DR. D.NAGARJUN, J.

pnn

ORDER

IN Crl.O.P.(MD)No.11985 of 2023 Date: 03.07.2023 4/4