Madras High CourtCRL OP(MD)/19699/2021disposed of

S. Balakrishnan v. The Superintendent Of Police

2021-12-13Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19699 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19699 of 2021 S.Balakrishnan ... Petitioner Vs.

1.The Superintendant of Police, Theni District, Theni.

2.The Inspector of Police, Cumbum North Police Station, Theni District.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent to file final report (charge sheet) in Crime No.374 of 2019 on the file of the 2nd respondent police before the Concerned Magistrate Court concerned within stipulated period.

For Petitioner : Mr.A.Rajaram For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

This criminal original petition has been filed for directing the second respondent to file final report in Crime No.374 of 2019. 2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the final report has been filed closing the case as "mistake of fact". The jurisdictional Magistrate is yet to take a call in the matter. If the jurisdictional Magistrate decides to accept the final report, then, he shall issue RCS notice to the petitioner so that the petitioner can file his protest petition. Thereafter, the jurisdictional Magistrate shall take a call on the protest petition on merits and in accordance with law within a period of four weeks thereafter.

2.With these directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.19699 of 2021 ias 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 Judicial Magistrate Uthamapalayam.

2.The Superintendant of Police, Theni District, Theni.

3.The Inspector of Police, Cumbum North Police Station, Theni District.

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

+1 CC to M/s.A.RAJARAM, Advocate ( SR-38441[F] dated 13/12/2021 ) Crl.O.P(MD)No.19699 of 2021 13.12.2021 PS(CO) KB(22.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2