Disposed

V.Punithavalli v. the Inspector of Police

Madras HC1 Feb 2021CRL OP/1370/2021

Case brief

AI extract

What is this about?

A criminal original petition seeking transfer of investigation was decided. The Court held that the investigation agency must issue a fresh RCS notice to the petitioner within two weeks. The petitioner may approach the concerned Court with a protest petition if aggrieved by the charge sheet.

What did the court decide?

Direction to respondent police to issue RCS Notice afresh within two weeks.

V.Punithavalli Vs the Inspector of Police — Criminal Trial and Appeal | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.02.2021

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CORAM

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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Crl.O.P.No.1370 of 2021

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V.Punithavalli ... Petitioner

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Vs.

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The Inspector of Police, F-4, Kavarapettai Police Station, Thiruvallur District.

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Crime No.06 of 2018 ... Respondent

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Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation in Crime No.96 of 2018 pending on the file of the respondent Police to some other investigation agency or any other competent agency.

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For Petitioner : Mr.M.Krishnamoorthy For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor,

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ORDER

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This petition has been filed seeking for transfer of investigation in Crime No.96 of 2018 pending on the file of the respondent police.

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The learned Additional Public Prosecutor appearing on behalf of the respondent Police submitted that the investigation was completed and a closure report was filed as ''mistake of fact'' on 21.03.2018 before the learned Judicial Magistrate, Ponneri. Mr.Mohan, Sub-Inspector of Police, was also present at the time of hearing and it was informed that a closure report was filed after issuing the RCS Notice.

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The learned counsel for the petitioner submitted that the petitioner was not aware about the referred charge sheet filed by the respondent police and no notice was served on the petitioner.

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Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondent Police to issue RCS Notice afresh on the petitioner within a period of two

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https://hcservices.ecourts.gov.in/hcservices/

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weeks from the date of receipt of a copy of this order. The petitioner, if aggrieved by the referred charge sheet filed by the respondent police, can work out her remedy by filing a protest petition before the concerned Court.

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This Criminal Original Petition is disposed of accordingly.

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Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
rli
To
1. The Inspector of Police,
F-4, Kavarapettai Police Station,
Thiruvallur District.
2. The Public Prosecutor
High Court of Madras
Chennai – 600 104.
+1 cc to M/s.M.Krishnamoorthy, Advocate Sr.No. 5049
Crl.O.P.No.1370 of 2021
GMR(CO)
RMP(01/03/2021)

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https://hcservices.ecourts.gov.in/hcservices/

V.Punithavalli v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

V.Punithavalli v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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