← Library
Madras High CourtCRL OP(MD)/20895/2021closed

T.Vairamuthu v. The Inspector Of Police

2022-02-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.20895 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.20895 of 2021 1.T.Vairamuthu 2.T.Periyasamy ... Petitioners/Accused Vs.

1.State through The Inspector of Police, Aviyur Police Station.

Crime No.328/2020

...Respondent /Dejure

Complainant 2.K.Sethuraman

...Respondent/Defacto

Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records connected with the case in Crime No.328 of 2020 pending on the file of the respondent police and quash the same as illegal.

For Petitioners : M/s.Malaikani.S For R-1 : Mr.Thanga Aravindh.B Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to call for the entire records connected with the case in Crime No.328 of 2020 pending on the file of the respondent police and quash the same as illegal.

2. Today when the matter is taken up for hearing, the learned Additional Public Prosecutor would submit that based on the complaint given by the defacto complainant, the respondent police conducted enquiry and closed the complaint as 'mistake of fact' and RCS notice has been duly served to the defacto complainant.

3. The learned counsel for the petitioners would submit that no RCS notice has been served on him.

4. Recording the aforesaid submission, this Criminal Original Petition is closed. Further the respondent police is directed to serve RCS notice to the defacto complainant forthwith and on receipt https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20895 of 2021 of the same, the petitioners are at liberty to approach the concerned court by way of protest petition in the manner known to law.

Sd/- Deputy Registrar (Accounts) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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 Inspector of Police, Aviyur Police Station.

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

Crl.O.P.(MD)No.20895 of 2021 21.02.2022 RK(15/03/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2