Madras High CourtCRL OP(MD)/15125/2020closed

Samuthirakani v. The Inspector Of Police

2020-12-18Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.15125 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.15125 of 2020 Samuthirakani :Petitioner Vs The State Rep by its, The Sub-Inspector of Police, Thazhamuthu Nagar Police Station, Tuticorin District.

Crime No.220 of 2019.

:Respondent PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the respondent police to complete the investigation in respect of the FIR in Crime No.220 of 2019 dated 06.09.2019 and consequently to file final report before the learned Judicial Magistrate No.2, Thoothukudi, Thoothukudi District within the time limit that may be stipulated by this Court. For Petitioner : Mr.N.Ramesharumugam For Respondent : Mr.V.Neelakandan Additional Public Prosecutor (Crl.Side)

O R D E R

Heard the learned counsel on either side.

2. This Criminal Original Petition has been filed for directing the respondent to file Final Report in Crime No.220 of 2019.

3.The learned counsel for the petitioner would state that the FIR in Crime No.220 of 2019 is pending, without filing the final report till date.

4. The learned Additional Public Prosecutor(Crl.Side), on instructions, would submit that after investigation, final report has been filed on 23.10.2019 as 'mistake of fact'. He would further submit that RCS notice has not been served to the petitioner and prays one week time for serving RCS notice.

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Crl.O.P(MD)No.15125 of 2020

5. Recording the submission made by the learned Additional Public Prosecutor(Crl.Side), the Criminal Original Petition is closed. The petitioner is at liberty to approach the appropriate forum for his remedy, after receiving the RCS notice. 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 Sub-Inspector of Police, Thazhamuthu Nagar Police Station, Tuticorin District.

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

Crl.O.P(MD)No.15125 of 2020 18.12.2020 VB (08.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2