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Madras High CourtCRL OP(MD)/13365/2023dismissed as infructuous

Masilamani v. The Superintendent Of Police

2023-07-26Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13365 of 2023 Masilamani ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

3.The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

Crime No.667 of 2020. ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent to expedite the investigation in Crime No.667 of 2020 dated 09.11.2020 and file the final report within a time frame fixed by this Court.

For Petitioner : Mr.J.David Ganesan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

O RDER This Criminal Original Petition is filed for a direction to the respondents Police to complete the investigation in Crime No.667 of 2020 dated 09.11.2020 and file the final report.

2. It is submitted that on the basis of the complaint given by the petitioner, the respondent Police have registered a case in Crime No.667 of 2020 on 09.11.2020 for the offence under Sections 147, 294(b), 341, 506(i) of IPC and that even after registration of the case about three years ago, the investigation is yet to be proceeded.

3. The learned Government Advocate appearing for the respondents Police, on instructions, submits that the respondent Police have already completed the investigation and the final report is also made ready. Prior to filing of the final report, RCS notice has been served to the petitioner. Since she has refused to receive the same, it has been affixed in the wall of her house in front of the Village Administrative Officer. He has also produced the photograph to show that RCS notice has already been affixed.

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4. Since the respondent Police have completed the investigation in this case, the very purpose for which the present petition has been filed has become infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. The petitioner is at liberty to challenge the final report after receiving the said notice.

Index : Yes/No 26.07.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Nanguneri Division, Tirunelveli District.

3.The Inspector of Police, Kalakkad Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

DR.D.NAGARJUN. J.

ssb 26.07.2023 4/4