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Madras High CourtCRL OP(MD)/13478/2024disposed of

M.Subburam v. The Inspector Of Police

2024-08-16Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Subburam : Petitioner/Defacto Complainant Vs.

State rep.by the Inspector of Police, Thirunagar Police Station, Madurai District.

Crime No.727 of 2009.

: Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondent to expedite the investigation and to file final report in Crime No.727 of 2009 within a stipulated time as fixed by this Court. For Petitioner : Mr.G.Sakthi Rao For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to direct the respondent to expedite the investigation and to file final report in Crime No.727 of 2009 within a stipulated time as fixed by this Court.

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2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondent would submit that based on the complaint lodged by the petitioner, the respondent police registered an FIR in Crime No.727 of 2009 and after investigation, final report came to be filed as early as on 05.04.2010 as 'mistake of fact'

3. The learned counsel appearing for the petitioner would submit that he has send an application under Right to Information Act in 2010, but he has not received any reply.

4. At this juncture, the learned learned Government Advocate (Criminal Side) would submit that they are not having any records to show as to whether the final report has been filed before the jurisdictional Court and that was accepted by the learned jurisdictional Magistrate.

5. Considering the above, the respondent Police is directed to serve RCS notice on the petitioner and file final report before the jurisdictional Court, if the report was not filed earlier before the jurisdictional Court. 2/4

6. With the above direction, this Criminal Original Petition stands disposed of.

16.08.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das To 1.The Inspector of Police, Thirunagar Police Station, Madurai District.

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

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K.MURALI SHANKAR,J.

DAS Order made in Dated: 16.08.2024 4/4