Madras High CourtCRL OP(MD)/16660/2021disposed of

Menaga v. The Sub Inspector Of Police

2021-10-28Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16660 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16660 of 2021 Menaga ... Petitioner Vs.

The Sub-Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.226 of 2021) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to conclude the investigation and file final report in Crime No.226 of 2021, on the file of the respondent police in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the the respondent to conclude the investigation and file final report in Crime No.226 of 2021, on the file of the respondent police in accordance with law, within the time stipulated by this Court. 2.The learned counsel for the petitioner submitted that the petitioner is the defacto complainant in Crime No.226 of 2021, which was registered for the offences punishable under Sections 147, 294(b), 323, 355, 506(i) IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002. the grievance of the petitioner is that even after lapse of five months, there is no progress. 3.The learned Additional Public Prosecutor submitted that the investigation has been undertaken and during the course of investigation, it was found that the complaint given by the petitioner is not true and exagerated one. So it was closed on 05.05.2021 as mistake of fact, but RCS notice has not been served so far.

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Crl.O.P.(MD)No.16660 of 2021 4.Let the RCS notice be served upon the petitioner, so that he can workout his remedy through proper proceedings. Since the FIR has been closed as mistake of fact, the prayer sought for in this petition has become infructuous.

5.With the above direction and liberty this criminal original petition stands disposed of as infructuous.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Sub-Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

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