Madras High CourtCRL OP(MD)/19086/2023dismissed as infructuous

T.Azad 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.19086 of 2023 T.Azad

...Petitioner / Defacto Complainant

Vs.

1.The Inspector of Police, Teppakulam Police Station, Madurai City.

Madurai.

(In Crime No.277/2023)

...Respondent / Complainant

2.Backiyaraj 3.Thangavelu

...Respondents / Accused

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to pass an order directing the 1st Respondent to expedite the investigation in the above case in Crime No.277/2023 dated 23.06.2023 and file a final report within the time stipulated by this Court.

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For Petitioner :Mr.G.S.Senthilkumar For 1stRespondent :Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) O RDER This petition is filed seeking direction to the first Respondent to expedite the investigation in the above case in Crime No.277 of 2023 dated 23.06.2023 and file a final report 2.The learned Government Advocate (Crl. Side) would submit that the first respondent, after completing the investigation in Crime No.277 of 2023, has laid the final report as 'Mistake of Fact' before the concerned Cour. 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 by the concerned Court. 4.Recording the submissions made on either sides, the first respondent is directed to serve fresh RCS notice on the petitioner/defacto complainant. If the 2/4

petitioner is 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 Inspector of Police, Teppakulam Police Station, Madurai City. Madurai.

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.19086 of 2023 20.10.2023 4/4