Petitioner sought direction to file a final report under Section 482 CrPC. Court found closure report filed without notice to petitioner. Petitioner directed to approach Magistrate for appropriate proceedings. Petition disposed accordingly.
Directed petitioner to workout remedy through appropriate proceedings before the Magistrate.
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.
Crl.O.P.(MD)No.634 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.634 of 2023
N.Annapuranai .. Petitioner Vs.
2.The Inspector of Police, Taluk Police Station, Sivagangai. (Crime No.75/2022. ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent to file the final report within the time stipulated by this Court in respect of Crime No.75 of 2022 dated 29.03.2022 on the file of the second respondent.
For petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side)
O RDER
This petition has been filed to direct the second respondent to file
the final report within the time stipulated by this Court in respect of
1/4
Crl.O.P.(MD)No.634 of 2023
respondent.
Crime No.75 of 2022 dated 29.03.2022 on the file of the second respondent.
2.The learned counsel for the petitioner would submit that the petitioner is the defacto complainant in Crime No.75 of 2022, which was registered for the offence punishable under Sections 294(b), 323, 506(2) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. The grievance of the petitioner is that though the case was registered in the year 2022, so far no final report has been filed.
3.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.side) for the respondent police would submit that the complaint given by the petitioner was enquired and closed as 'mistake of fact' on 30.03.2023. The closure report has also been filed before the learned Additional Magistrate, Sivagangai and RCS notice is also sent to the petitioner.
4.But it has been submitted by the petitioner that no such notice
was served upon him. Let the petitioner workout his remedy through appropriate proceedings.
2/4
Crl.O.P.(MD)No.634 of 2023
disposed of.
06.10.2023
Index : Yes/No Internet : Yes/No ta
To
Crl.O.P.(MD)No.634 of 2023
G.ILANGOVAN. J.
ta
Crl.O.P.(MD)No.634 of 2023
06.10.2023
2 issues framed by the court
Whether to direct the police to file a final report within the stipulated time.
What remedy is available when a closure report was disposed of without serving notice on the complainant.
1 provisions across 1 enactments
N.Annapuranai
The Superintendent of Police, Sivagangai
The Inspector of Police, Taluk Police Station, Sivagangai
G.ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
