Madras High CourtCRL OP(MD)/16501/2024disposed of

Kennath Ruban Sathiyanath v. The State Of Tamil Nadu

2024-09-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Kennath Ruban Sathiyanath ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.State of Tamil Nadu rep. by The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

(Crime No.234 of 2023) ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to file a final report in Crime No.234 of 2023 within a time period stipulated by this Court. For Petitioner : Mr.R.Ponkarthikeyan For Respondents : 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 second respondent to file a final report in Crime No.234 of 2023 within a time period stipulated by this Court.

2. It is seen from the records that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.234 of 2023 on 07.10.2023 for the alleged offences under Sections 447, 294(b), 427, 379 and 109 IPC.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that the second 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.

2/4

4. Recording the same, the second respondent is directed to serve RCS notice on the petitioner/defacto complainant immediately and if final report is not filed, to file the final report before the jurisdictional Court within a period of one week from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of. The petitioner is at liberty to file a protest petition, if so advised.

30.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 30.09.2024 4/4