Madras High CourtCRL OP(MD)/13615/2024disposed of

Muthalagan v. The Superintendent Of Police

2024-09-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2024

CORAM

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

1.The Superintendent of Police, O/o.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Vilathikottai Police Station, Thanjavur District.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS., to direct the second respondent Police to complete the investigation and file the final report in Crime No.1154 of 2020 on the file of the second respondent Police within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders, to direct the second respondent Police to complete the investigation and file the final report in Crime No.1154 of 2020 on the file of the second respondent Police within a stipulated time as may be fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. When the matter is taken up for hearing today (i.e.,09.09.2024), the learned Government Advocate (Criminal Side) appearing for the State would submit that the second respondent, after completing the investigation, has filed the final report as 'mistake of fact' on 16.08.2024. He would further submit that RCS notice was not served on the defacto complainant.

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4. Recording the submission made by the learned Government Advocate (Criminal Side), the Criminal Original Petition is disposed of. The second respondent is directed to serve RCS notice on the defacto complainant immediately. The petitioner is at liberty to file a protest petition, if so advised.

09.09.2024 NCC : Yes/ No Index :Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, O/o.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Vilathikottai Police Station, Thanjavur District.

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

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K.MURALI SHANKAR,J.

DAS Order made in Dated: 09.09.2024 4/4