Madras High CourtCRL OP(MD)/15590/2020closed

P.Krishnan v. The Superintendent Of Police

2020-12-23Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.15590 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.15590 of 2020 P.Krishnan ... Petitioner/Defaco Complainant Vs.

1.The Superintendant of Police, Madurai District.

2.The Sub Inspector of Police, Jayamangalam Police Station, Theni District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the second respondent to commence investigation in Crime No.201 of 2016 on the file of the Sub Inspector of Police, Jayamangalam Police Station, Theni District, file final report without any further delay.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

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.201 of 2016.

3.The learned counsel for the petitioner would state that the FIR in Crime No.201 of 2016 is pending, without filing the final report till date.

4. The learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that enquiry in Crime No.201 of 2016 is completed and the same is closed as 'mistake of fact' on 20.09.2016. RCS notice was also served on 22.12.2020. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15590 of 2020 5.The learned counsel for the petitioner would state that till now RCS notice has not been served.

6.The learned Additional Public Prosecutor appearing for the respondent police is directed to ensure that RCS notice is served on the petitioner. It is very unfortunate that though the case was referred to as 'mistake of fact' in the year 2016, RCS notice has only been sent on 22.12.2020.

7. Recording the same, the Criminal Original Petition is closed. However, liberty is granted to the petitioner to workout his remedy in the manner known to law, if aggrieved. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) Ta 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 Superintendant of Police, Madurai District.

2.The Sub Inspector of Police, Jayamangalam Police Station, Theni District.

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

Crl.O.P.(MD)No.15590 of 2020 23.12.2020 MK(CO) NR (08/01/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2