Madras High CourtCRL OP(MD)/20509/2024disposed of

Jothi v. The State Of Tamilnadu,

2024-11-25Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Jothi : Petitioner Vs.

1.The Superintendent of Police, CBCID-II, 24, Pantheon Road, Komaleeswaranpet, Egmore, Chennai 600 008.

2.The Deputy Superintendent of Police, CBCID, 7, Kamaraj Nagar Second Street, Chinna Chokkikulam, Madurai 625 002.

3.The Inspector of Police, CBCID, Madurai, Madurai District.

4.The Inspector of Police, Alanganallur Police Station, Madurai District.

Crime No.495 of 2023 5.S.Mohamed Farook : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to set aside the impugned referred charge sheet-RCS No.191/24 dated 13.09.2024 filed before the Judicial Magistrate Court, Vadipatti, Madurai District, by the fourth respondent in connection with Alanganallur Police 1/4

Station FIR No.495 of 2023 dated 07.12.2023 and consequently direct the second respondent to conduct further investigation and file charge sheet in a fresh case.

For Petitioner : Mr.R.Murugappan For R1 to R4 : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

This criminal original petition is filed to set aside the impugned referred charge sheet-RCS No.191/24 dated 13.09.2024 filed before the Judicial Magistrate Court, Vadipatti, Madurai District, by the fourth respondent in connection with Alanganallur Police Station FIR No.495 of 2023 dated 07.12.2023 and consequently direct the second respondent to conduct further investigation and file charge sheet in a fresh case.

2. When the matter came up for hearing, the learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that the case has been closed as 'Mistake of Fact' in CC.No. 20001570C202400137, dated 17.09.2024. A copy of the same was served to the petitioner on 13.09.2024.

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3. Recording the above, this Criminal Original Petition is closed. The petitioner is at liberty to file a protest petition before the trial Court, within two week from the date of receipt of a copy of this order. The trial Court shall consider the petitioner's protest petition and pass appropriate order in the manner known to law.

25.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk To 1.The Superintendent of Police, CBCID-II, 24, Pantheon Road, Komaleeswaranpet, Egmore, Chennai 600 008.

2.The Deputy Superintendent of Police, CBCID, 7, Kamaraj Nagar Second Street, Chinna Chokkikulam, Madurai 625 002.

3.The Inspector of Police, CBCID, Madurai, Madurai District.

4.The Inspector of Police, Alanganallur Police Station, Madurai District.

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

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M.NIRMAL KUMAR,J.

Rmk 25.11.2024 4/4