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Madras High CourtCRL OP(MD)/15749/2022disposed of

Madasamy v. The Deputy Superintendent Of Police

2022-12-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2022

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Madasamy ... Petitioner Vs.

1.The Deputy Superintendent of Police, Kovilpatti Division, Thoothukudi District.

2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent to complete the investigation in Crime No.5 of 2020 and file charge sheet report within a time frame.

For Petitioner : Mr.P.Banuprasath For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the second respondent to complete the investigation in Crime No.5 of 2020 and file charge sheet within a time frame that may be stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that the second respondent, after completing the investigation, has filed the final report as 'Mistake of Fact' and RCS notice was also served on the petitioner/defacto complainant.

4. The learned counsel appearing for the petitioner/defacto complainant would submit that no such notice was served on the petitioner/defacto complainant.

5. Recording the submission made by the learned Additional Public Prosecutor, the second respondent is directed to serve RCS notice 2/4

on the petitioner/defacto complainant within a period of one week from the date of receipt of a copy of this order and the petitioner/defacto complainant is at liberty to file the protest petition before the jurisdictional Court thereafter. Accordingly, this Criminal Original Petition stands disposed of.

19.12.2022 Index :

Yes / No Internet :

Yes / No csm To 1.The Deputy Superintendent of Police, Kovilpatti Division, Thoothukudi District.

2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 19.12.2022 4/4