Madras High CourtCRL OP(MD)/15721/2024disposed of

Baviya v. The State Of Tamil Nadu

2024-09-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Baviya ... Petitioner Vs.

1.The State rep. by The Inspector of Police, Appanthirupathy Police Station, Madurai.

(Crime No.98 of 2024) 2.Prem 3.Ramakrishnan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to file a final report in Crime No.98 of 2024 dated 28.05.2024 on the file of the first respondent within the time stipulated by this Court.

For Petitioner : Mr.A.Ganesan For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the first respondent to file a final report in Crime No.98 of 2024 dated 28.05.2024 on the file of the first respondent within the time stipulated by this Court.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the first respondent would submit that the first respondent, after completing the investigation, has filed the final report before the jurisdictional Court as 'Mistake of Fact' but he would admit that RCS notice was not served on the petitioner/defacto complainant.

3. Recording the same, the first respondent is directed to serve RCS notice on the petitioner/defacto complainant.

4. With the above direction, this Criminal Original Petition stands 2/4

disposed of. The petitioner is at liberty to file a protest petition, if so advised.

19.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Inspector of Police, Appanthirupathy Police Station, Madurai.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 19.09.2024 4/4