Madras High CourtCRL OP(MD)/19097/2023dismissed as infructuous

P.Ganesh v. The Inspector 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 MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19097 of 2023 P.Ganesh

...Petitioner / Defacto Complainant

Vs.

State rep. by, The Inspector of Police, Thoothukudi Police Station, Tamil Nadu.

(In FIR No.10 of 2018).

...Respondent / Respondent

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the Respondent to take action and file a final report in Crime No.10 of 2018 on the file of the Respondent Police.

For Petitioner :Mr.V.Muthu Kamatchi For Respondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) 1/4

O RDER This petition is filed seeking direction to the Respondent to take action and file a final report in Crime No.10 of 2018 on the file of the Respondent Police. 2.The learned Government Advocate (Crl. Side) would submit that the respondent, after investigation finding in respect of the very same subject complaints are pending in Crime No.67 of 2011 and in Crime No.5 of 2015. So on that ground, it was closed on 23.10.2019 as Action Dropped. RCS notice served upon the petitioner in R.C.No.23 of 2019. 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 by the concerned Court. 4.Recording the submissions made on either sides, the respondent is directed to serve fresh RCS notice on the petitioner/defacto complainant. If the petitioner is aggrieved over the contents of the final report, he can workout his remedy through the appropriate proceedings.

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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 Inspector of Police, Thoothukudi Police Station, Tamil Nadu.

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

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G.ILANGOVAN. J.

VSG Crl.O.P.(MD)No.19097 of 2023 20.10.2023 4/4