Kannan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Kannan ... Petitioner Vs.

The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

(In Crime No.63 of 2024) ... Respondent Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the respondent Police to file the final report in Crime No.63 of 2024 for the offence under Sections 147, 294(b), 342, 355, 323, 379 and 506(1) IPC on the file of the respondent Police within the time stipulated by this Court.

For Petitioner : Mr.G.Anto Prince For Respondent : Mr.P.Kottaichamy, Government Advocate(Crl.side) 1/4

ORDER

The petitioner, who is the defacto complainant in Cr.No.63 of 2024 on the file of the respondent Police, has filed this petition seeking a direction to the respondent Police to complete the investigation in the said case and file a final report, within a time frame. 2.The learned Government Advocate(Crl.side) appearing for the respondent submits that the investigation in Cr.No.63 of 2024 has been completed and the same was closed as 'Mistake of Fact', on 28.02.2025 and RCS notice in RC.No.15 of 2025 has also been served on the petitioner. However, suppressing the same, the petitioner has filed the present petition.

3.The learned counsel appearing for the petitioner disputed the same and submits that the petitioner has not been served with any RCS notice.

4.Since the case was itself closed as 'Mistake of Fact', this Court is not inclined to entertain this petition. The petitioner is at liberty to 2/4

challenge the final report, provided if he is having any grounds and the learned Judicial Magistrate No.III, Nagercoil shall entertain the protest petition, if the petitioner has not been served with RCS notice. In the event, if the petitioner has received and signed in the RCS notice, the learned Judicial Magistrate No.III, Nagercoil need not entertain the protest petition. Accordingly, this criminal original petition is dismissed. 18.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Judicial Magistrate No.III, Nagercoil 2.The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

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

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B.PUGALENDHI,J gns 18.07.2025 4/4