Madras High CourtCRL OP(MD)/7352/2018dismissed

M. Muthumurugan v. The District Collector

2019-10-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.7352 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.7352 of 2018 M.Muthu Murugan ... Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai Ditrict, Sivagangai.

3.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

4.The Inspector of Police, Thiruppathur Town Police Station, Thiruppathur, Sivagangai District.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents to reinvestigate the case pertaining to Crime No.13 of 2018 dated 23.01.2018 registered on the file of the fourth respondent and file a final report after thorough investigation within the period specified by this Court.

For Petitioner : Mr.K.Neethimohan For Respondents : Mr.K.Sumbulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondents to reinvestigate the case pertaining to Crime No.13 of 2018 dated 23.01.2018 registered on the file of the fourth respondent and file a final report after thorough investigation within the period specified by this Court.

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

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Crl.O.P.(MD)No.7352 of 2018

3. The learned Government Advocate (Crl.Side) appearing for the respondents would submit that on the complaint lodged by the petitioner, the fourth respondent registered a case in Crime No.13 of 2018 for offence under Section 174 Cr.P.C., and after conducting investigation they closed the case as 'Action Dropped'. Even then the petitioner was not served with RCS notice till today.

4. Considering the above facts and circumstances of the case, reinvestigation of the case would not arise now. Hence, the Criminal Original Petition stands dismissed. Further, the fourth respondent is directed to serve the RCS notice to the petitioner forthwith and on receipt of the same, the petitioner is at liberty to file protest petition before the concerned jurisdictional Magistrate along with the Charge Sheet and the postmortem report.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai Ditrict, Sivagangai.

3.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thiruppathur, Sivagangai District.

4.The Inspector of Police, Thiruppathur Town Police Station, Thiruppathur, Sivagangai District.

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

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