Madras High CourtCRL OP(MD)/22992/2016closed

S.R. Sambasivam v. The Superintendent Of Police

2020-12-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.22992 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.12.2020

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.22992 of 2016 S.R.Sambasivam ... Petitioner Vs 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

(Crime No.227 of 2016) 3.The Inspector of Police, District Crime Branch, Thanjavur District. ... Respondents. PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to direct the first respondent to transfer the case in Crime No.227 of 2016 on the file of the second respondent Police to the third respondent.

For Petitioner : Mr.N.Madhava Govindan For respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

This criminal original petition has been filed to direct the first respondent to transfer the case in Crime No.227 of 2016 on the file of the second respondent Police to the third respondent.

2. Today when the matter is taken up for hearing the learned Government Advocate(Crl.Side) would submit that based on the complaint given by the petitioner, the second respondent police conducted enquiry and closed the complaint as 'Mistake of Fact' and filed R.C.S notice in R.C.S.No.2 of 2017 on 04.05.2018.

3. The learned counsel for the petitioner would submit that he never received the notice from the second respondent.

4. Recording the aforesaid submission, this Criminal Original Petition is closed. However the second respondent is directed to serve the copy of RCS notice to the defacto complainant within a period of two weeks from the date of receipt of a copy of this order https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.22992 of 2016 and on receipt of the same, the petitioner is at liberty to file protest petition before the concerned Court.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Vsg 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 Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District.

3.The Inspector of Police, District Crime Branch, Thanjavur District.

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

+1cc to Mr.N.Madhava Govindan, Advocate Sr.No.23818 Crl.O.P.(MD).No.22992 of 2016 02.12.2020 VB (19.01.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2