Madras High CourtCRL OP(MD)/18575/2024disposed of

M.Karuppaiah v. State Of Tamilnadu

2024-10-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Karuppaiah ... Petitioner Vs.

1.State of Tamil Nadu The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Sivakasi Sub Division, Virudhunagar District.

3.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

(Crime No.348 of 2022) ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to transfer the investigation in Crime No.348 of 2022 on the file of the third respondent to the second respondent and further direct the second respondent to investigate and to file final report within the time stipulated by this Court.

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For Petitioner : Mr.P.R.Prithiviraj For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to transfer the investigation in Crime No. 348 of 2022 on the file of the third respondent to the second respondent and further direct the second respondent to investigate and to file final report within the time 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.348 of 2022 on 01.11.2022 for the alleged offences under Sections 294(b) and 506(1) IPC.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents would submit that the third respondent, after completing the investigation, has already filed the final report as 'further action dropped' and that RCS 2/4

notice was served on the petitioner.

4. The learned counsel appearing for the petitioner would submit that RCS notice was not served on the petitioner.

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

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

28.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

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K.MURALI SHANKAR,J.

csm 2.The Deputy Superintendent of Police, Sivakasi Sub Division, Virudhunagar District.

3.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.

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

Order made in Dated: 28.10.2024 4/4