In a Crl.O.P. under Section 482 Cr.P.C., the petitioner sought a direction to the police to file a final report. The court observed that the case was closed as a mistake of fact with R.C.S. served. Consequently, the petition was dismissed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.18157 of 2015
Senthamarai .. Petitioner/Defacto complainant
Vs.
State rep. by Inspector of Police D-6, Maraimalai nagar police station Kancheepuram District. (Crime No.119 of 2013)
.. Respondent
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., for issuing a direction to the respondent herein viz., The Inspector of Police, D6, Maraimalai nagar police station, Kancheepuram District in the above case in Crime No.119 of 2013 on his file and file a final report before the concerned Court within a stipulated time.
For Petitioner :Mr.T.R.Ravi
For Respondent :Mr.C.Emalias
Addl. Public Prosecutor O R D E R
The petitioner has come forward with this petition for issuing a direction to the respondent to file a final report in Crime No.119 of 2013.
2.Learned counsel for the petitioner submits that on the basis of the complaint given by the petitioner on 27.02.2013, a case has been registered in Crime No.119 of 2013 for offences under Sections 448, 147, 323, 427 and 506(i) IPC. But the respondent has not shown any interest to investigate the matter and file a final report. Hence, the petitioner has come forward with this petition for the above stated relief.
3.Learned Additional Public Prosecutor filed a status report submitting that after examination of six witnesses, the case in Crime No.119 of 2013 has been closed as “Mistake of fact” and also served R.C.S.No.21 of 2013, dated 22.03.2013 to the petitioner/defacto complainant. Therefore, he prays for dismissal of this petition.
4.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor and perused the status report filed by him.
5.On perusal of status report filed by the learned Additional Public Prosecutor, in para-5, it is stated that even the case has been registered in Crime No.119 of 2013 on 27.02.2013, after due investigation, final report has been filed as “Mistake of fact”. R.C.S.No.21/2013, dated 22.03.2013 has been served to the petitioner/defacto complainant and she has also acknowledged the same. Under such circumstances, the Criminal Original Petition is dismissed. It is left open to the petitioner to approach appropriate forum.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
kj
To
1.Inspector of Police
D-6, Maraimalai nagar police station
Kancheepuram District.
2.The Public Prosecutor, High Court, Chennai.
+ 1 cc to Mr.T.R. Ravi, Advocate Sr.10250
Crl.O.P.No.18157 of 2015
RSY(CO) Eu 25.02.16
2 issues framed by the court
Whether to issue a direction to the police to file a final report in Crime No.119 of 2013.
Whether to impose undue pressure on the police investigation by the court.
1 provisions across 1 enactments
Senthamarai
State rep. by Inspector of Police D-6, Maraimalai nagar police station Kancheepuram District
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
