Madras High CourtCRL OP(MD)/19062/2019closed

J. Mohaideen Abdul Rahman v. The Superintendent Of Police

2019-12-19Honourable Mr Justice A.D.Jagadish Chandira2 pages

CRL.O.P.(MD)No.19062 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2019

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.(MD)No.19062 of 2019 J.Mohaideen Abdul Rahman ... Petitioner/Defacto Complainant Vs State Rep by 1.The Superintendent of Police Sivaganga District

2. The Inspector of Police Manmadurai Police Station Sivagangai District (Crime No.391 of 2019) ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the second respondent to conclude the investigation and to file final report in Crime No. 391 of 2019 on the file of the Inspector of Police, Manamadurai Police Station, Sivagangai District within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.M.Mohamed Saleem For Respondents : Mr.R.Anandharaj No.1 &2 Additional Public Prosecutor

O R D E R

This criminal original petition has been filed for a direction to direct the second respondent to conclude the investigation and to file final report in Crime No. 391 of 2019 on the file of the Inspector of Police, Manamadurai Police Station, Sivagangai District 2.Today when the matter is taken up for hearing the learned Additional Public Prosecutor that based on the complaint given by the defacto complainant the respondent police conducted enquiry and closed the complaint as ' Mistake of Fact' and RCS notice is served on the petitioner by the Village Administrative Officer.

3. At this juncture the learned counsel for the petitioner would submit that RCS notice has not been served either through Court or police.

4.Recording the aforesaid submission, this Criminal Original https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD)No.19062 of 2019 Petition is closed. However the petitioner is at liberty to file a protest petition before the concerned jurisdictional Magistrate in accordance with law.

Sd/- Assistant Registrar (CS III) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Superintendent of Police Sivaganga District

2. The Inspector of Police Manmadurai Police Station Sivagangai District 3.The Additional Public Prosecutor, Madurai bench of Madras High Court, Madurai. +1 CC to M/s.S.M.MOHAMED SALEEM, Advocate ( SR-106349[F] dated 20/12/2019 ) CRL.O.P.(MD)No.19062 of 2019 19.12.2019 KK/SAR/07.01.2020/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2