Madras High CourtCRL OP(MD)/436/2023disposed of

Selvi v. The Superintendent Of Police

2023-01-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2023

CORAM

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

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Srivaikundram Range, Srivaikundram, Thoothukudi District.

2.The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent to expedite the investigation in Crime No.53 of 2021, dated 08.04.2021 and file the final report within a time frame as may be fixed by this Court. For Petitioner : Mr.J.David Ganesan, 1/4

For Respondents : Mr.R.Sivakumar, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders, to direct the respondent to expedite the investigation in Crime No.53 of 2021, dated 08.04.2021 and file the final report within a time frame as may be fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondent would submit that the third respondent, after completing the investigation, has filed the final report as mistake of fact and RCS notice was served on the defacto complainant.

4.The learned counsel for the petitioner would submit that RCS notice has not been served on the defacto complainant. 2/4

5. In view of the submissions made by the both parties, the third respondent is directed to serve RCS notice to the petitioner. The petitioner is at liberty to file a protest petition, if so advised.

6. With the above directions, this Criminal Original Petition stands disposed of.

09.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Srivaikundram Range, Srivaikundram, Thoothukudi District.

3.The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

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

3/4

K.MURALI SHANKAR,J.

das Order made in Dated: 09.01.2023 4/4