Petitioner sought direction for final report under S.482 CrPC. Court directed respondents to serve referral notice on petitioner for the mistake-of-fact charge-sheet and closed the petition.
Respondents directed to serve referral notice on petitioner with respect to the charge-sheet filed as mistake of fact.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.08.2013 CORAM
THE HONOURABLE Ms. JUSTICE R.MALA
Crl.O.P.(MD)NO.11648 of 2013
M.Pandiammal
... Petitioner
Versus
1.The Superintendent of Police, Madurai District, Madurai.
2.The Additional Deputy Superintendent of Police, Madurai District, Madurai.
3.The Inspector of Police, Melavalavu Police Station, Melur District, Madurai District, In Cr.No.4 of 2013. ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to direct the third respondent to file a final report in Cr.No.11 of 2013 on the file of the Melavalavu Police Station within the time framed by this Court.
For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.K.V.Rajarajan Government Advocate (Crl. Side)
O R D E R
This petition has come forward with this petition, seeking for a direction directing the the third respondent to file a final report in Cr.No.11 of 2013 on the file of the Melavalavu Police Station within the time framed by this Court.
3.At this juncture, the learned Government Advocate (Crl.side) would submit that investigation has been over and referred charge-sheet as mistake of fact has been filed on 25.01.2013 itself. He also filed a detailed counter. But on perusal of the counter would show that referred charge-sheet has b en filed as mistake of fact. But however, perusal of case diary shows that no doctor has been examined to prove whether he has https://hcservices.ecourts.gov.in/hcservices/ taken treatment as a medico-legal case. However, charge-sheet has been filed as mistake of fact. So, I am inclined to close the petition with a
2
direction that the petitioner is directed to file a protest application before the appropriate forum.
4.At this juncture, the learned counsel for the petitioner would submit that he has not received notice in the referred charge-sheet. So, the third respondent is directed to serve the referral notice.
Sd/Assistant Registrar
\True copy\
Sub Assistant Registrar
To
1.The Superintendent of Police, Madurai District, Madurai. 2.The Additional Deputy Superintendent of Police, Madurai District, Madurai.
Crl.O.P.(MD)NO. 11648 of 2013 06.08.2013
vs
NA/22/08/2013/P2/5C
M.Pandiammal
The Superintendent of Police, Madurai District
The Additional Deputy Superintendent of Police, Madurai District
The Inspector of Police, Melavalavu Police Station
R.Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
