Madras High CourtCRL OP(MD)/23295/2023disposed of

Muthuramalingam v. The Superintendent Of Police

2024-01-03Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Muthuramalingam

...Petitioner

Vs.

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

2. The Deputy Superintendent of Police, Kovilpatti Sub-Division, Thoothukudi District.

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

(Crime No.44 of 2016)

4. Mani ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to direct the respondents 1 to 3 to file a Final Report before the Special Court for trial of cases under SC/ST (Prevention of Atrocities) Act, Thoothukudi forthwith in Crime No.44 of 2016. 1/4

For Petitioner : Mr.A.Robinson For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Criminal Original Petition had been filed seeking for direction against the Respondents to file a final report.

2. The learned Additional Public Prosecutor submitted that an FIR was registered on 03.02.2016 and the investigation was closed by filing refer chargesheet before the Court of the learned Judicial Magistrate. The Petitioner is directed to approach the Court of the learned Judicial Magistrate, the 2nd Additional Disctrict Court (P.C.R), Tirunelveli to file appropriate petition.

3. From the submission of the learned Counsel for the Petitioner, it is found that he had been kept in the dark by the Court concerned. When the investigation officer filed a report by dropping the investigation, the Court has to issue notice to the De-Facto complainant regarding the dropping of investigation by the Investigation Officer and to hear the objection of the de-facto complainant. Here, in this case, the Court has not acted fairly. 2/4

Therefore, the learned 2nd Additional District Court (P.C.R), Tirunelveli shall afford an opportunity to the Petitioner herein to file appropriate petition.

4. Recording the said submission, this Criminal Original Petition is disposed of.

03.01.2024 Index : Yes/No Internet:Yes/No jbr To

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

2. The Deputy Superintendent of Police, Kovilpatti Sub-Division, Thoothukudi District.

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

(Crime No.44 of 2016) 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SATHI KUMAR SUKUMARA KURUP, J., jbr 03.01.2024 4/4