Madras High CourtCRL OP(MD)/18963/2023dismissed as infructuous

Pitchai v. The Superintendent Of Police

2023-10-20Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.18963 of 2023 Pitchai

...Petitioner / Defacto Complainant

Vs.

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

2.The Inspector of Police, Watrap Police Station, Virudhunagar District.

(In Crime No.59 of 2023)

...Respondents / Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 2nd Respondent to file the final report in Crime No.59 of 2023 dated 22.03.2023, on the file of the 2nd respondent Police and proceed with same as per law within the time stipulated by this Court. For Petitioner :Mr.G.Muralidharan For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) 1/4

O RDER This petition is filed seeking direction to the second respondent to file the final report in Crime No.59 of 2023 dated 22.03.2023, on the file of the second respondent Police and proceed with same as per law. 2.The learned Government Advocate (Crl. Side) would submit that the second respondent, after completing the investigation in Crime No.59 of 2023, has laid the final report as 'Mistake of Fact' before the concerned Court on 25.03.2023. He would further submit that RCS Notice was also served on the petitioner.

3.At this juncture, the learned counsel appearing for the petitioner would submit that RCS notice was not served on the petitioner/defacto complainant either by the respondent police or before the concerned Court. 4.Recording the submissions made on either sides, the second respondent is directed to serve RCS notice on the petitioner/defacto complainant. If the 2/4

petitioner is still aggrieved over the contents of the final report, he can workout his remedy through the appropriate proceedings. 5.In view of the above submission, nothing survives for further consideration in this petition. Accordingly, this criminal original petition is dismissed as infructuous.

Speaking : Yes / No 20.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No VSG To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Watrap Police Station, Virudhunagar District.

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

3/4

G.ILANGOVAN. J.

VSG Crl.O.P.(MD)No.18963 of 2023 20.10.2023 4/4