Madras High CourtCRL OP(MD)/22127/2016closed

Saravanan v. The Inspector Of Police,

2020-10-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.22127 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 14/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.22127 of 2016 and Crl.M.P.(MD)Nos.1285 and 11436 of 2016 1.Saravanan 2.Perumal 3.Subbu Lakshmi ... Petitioners/Accused Nos.1 to 3 Vs 1.The Inspector of Police, All Women Police Station, Valliyoor.

Tirunelveli District.

(Crime No.7 of 2016) ...1st Respondent/Complainant 2.Muthu Lakhsmi ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the proceedings in Crime No.7 of 2016 on the file of the first respondent police and to quash the same.

For Petitioners : Mr.K.P.Narayana Kumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R2 : Mr.G.S.Ashok Adhithyan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.7 of 2016, pending on the file of the first respondent police.

2. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the investigation in Crime No.7 of 2016 on the file of the first respondent has been completed and the complaint has been closed on 20.11.2018 as 'Mistake of Fact' and referred charge sheet notice has also been served to the second respondent through Village Administrative Officer. 3.The learned counsel appearing for the second respondent would submit that the first respondent has not served the referred charge sheet notice to the second respondent.

4.Recording the submissions made by the learned Government Advocate (Crl.side), this Criminal Original Petition is closed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.22127 of 2016 However, the first respondent is directed to serve referred charge sheet notice to the second respondent forthwith in Crime No.7 of 2016. On receipt of the same, the second respondent is at liberty to file a protest petition, before the concerned jurisdictional Magistrate, in the manner known to law. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) vsd To 1.The Inspector of Police, All Women Police Station, Valliyoor.

Tirunelveli District.

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

+1 CC to Mr.K.P. NARAYANAKUMAR, Advocate ( SR-20345[F] dated 16/10/2020 ) Crl.O.P.(MD)No.22127 of 2016 and Crl.M.P.(MD)Nos.1285 and 11436 of 2016 14.10.2020 VB (03.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2