Madras High CourtCRL OP(MD)/14921/2021dismissed as infructuous

Ponnusamy v. The Inspector Of Police

2021-10-04Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14921 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.14921 of 2021 Ponnusamy ... Petitioner/Defacto Complainant Vs.

The Inspector of Police, District Crime Branch, Karur District, Karur.

(In Crime No.12 of 2015) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to file Final Report in Crime No.12 of 2015, on the file of the respondent within the time stipulated by this Court.

For Petitioner : Mr.N.Anandakumar For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking a direction to the respondent to file Final Report in Crime No.12 of 2015, on the file of the respondent within the time stipulated by this Court.

2. The petitioner is the defacto complainant in Crime No.12 of 2015, which was registered against the petitioner herein, for the offences punishable under Sections 420 IPC r/w 65, 66C, 66D of the Provisions of the Information Technology Act, 2000. Now the grievance of the petitioner is that even though after lapse of six years, investigation the above said crime number has not been completed.

3.The learned Additional Public Prosecutor would submit that investigation in Crime No.12 of 2015 has been completed and during the investigation, it came to light that it was mistake of fact, based upon which, final report was filed before the Judicial Magistrate Court No.I, Karur. He would further submit that RCS https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14921 of 2021 Notice was also served on the petitioner. Copy of the same is produced before this Court.

4.Since the case has been closed as mistake of fact and further action has been dropped as early as on 22.07.2015, the petitioner has to work out his remedy through appropriate proceedings. The learned counsel for the petitioner would submit that the petitioner has not received RCS Notice so far. The petitioner can get the RCS Notice from the office of the learned Additional Public Prosecutor.

5.With the above liberty, this Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, District Crime Branch, Karur District, Karur.

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

Crl.O.P.(MD)No.14921 of 2021 04.10.2021 RK (18/10/2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2