Madras High CourtCRL OP(MD)/12468/2024closed

Nagalakshmi v. The Inspector Of Police

2024-08-02Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.12468 of 2024 Nagalakshmi ... Petitioner Vs The Inspector of Police, Fort Police Station, Trichy District.

Crime No.1027 of 2020.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondent Police to expedite the investigation and file the final report in connection with Crime No.1027 of 2020, dated 31.07.2020, on the file of the respondent police. For Petitioner : Mr.D.S.Haroon Rasheed, For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/4

O R D E R

This criminal original petition has been filed seeking a direction to the respondent Police to file the final report in Crime No.1027 of 2020. 2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent police submits that the case in Crime No.1027 of 2020 was enquired by the respondent police and the same was closed as mistake of fact as early as on 31.08.2020. 3.Though the respondent police has claimed that the case was closed as mistake of fact as early as on 31.08.2020, he is not having any copy of the RCS notice served on the petitioner. In the event if the respondent police is closing the case as against the petitioner, then in all fairness, the respondent police ought to have informed the petitioner by serving a RCS notice.

4. In this case, the respondent police has not served any RCS notice. Therefore, the respondent police is directed to serve the RCS notice to the 2/4

petitioner, within a period of ten days along with the copy of the final report, from the date of receipt of a copy of this order, enabling the petitioner to file a protest petition before the concerned Judicial Magistrate. Since the respondent police has not served the RCS notice and a copy of the final report, this Court also permits the petitioner to file a protest petition within a period of two weeks, from the date of receipt of a copy of the RCS notice and final report.

5.Accordingly, this criminal Original petition stands disposed of. 02.08.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To 1.The Inspector of Police, Fort Police Station, Trichy District.

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

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B.PUGALENDHI , J.

LR CRL.O.P (MD) No.12468 of 2024 02.08.2024 4/4