1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2011 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.(MD).No.54 of 2011 S.Antony ... Petitioner Vs. The State represented by The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District. (Crime No.129 of 2009) ... Respondent Prayer: Petition is filed under Section 397 r/w 401 of the Criminal Procedure Code, to call for the records of the order passed in refer case NO.22 of 2010, dated 30.08.2010, on the file of the learned District Munsif- cum-Judicial Magistrate, Eraniel and to set aside the same and order reinvestigation. For Petitioner : Mr.L.Shaji Chellan For Respondent : Mr.R.M.Anbunithi Government Advocate(Crl.Side) ORDER This revision petition arises against the order of the learned District Munsif-cum-Judicial Magistrate, Eraniel, dated 30.08.2010, wherein he had accepted the final report of the respondent, informing the case in Cr.No.129 of 2009 as a "mistake of fact" and has observed as follows: "Complainant is at liberty to take separate proceedings. Hence closed". 2. The order, straight away, is to be set aside. The lower Court has under summons required the petitioner herein, who was the de-facto complainant, to appear before the Court and state his objection if any to the final report, dated 03.09.2010. The respondent police had issued notice to the petitioner on 01.08.2010 informing their closure of the investigation of the case as "mistake of fact". Thereupon the petitioner/de-facto complainant had moved a protest petition which for one reason or the other did not receive consideration on merits. Where once notice came to be issued to the de-facto complainant to state his objections https://hcservices.ecourts.gov.in/hcservices/ 2 to the final report, such opportunity remains only on paper when his protest is not considered on merits. Hence, the order of the lower Court is set aside. The protest petition on the file of the learned District Munsif-cum- Judicial Magistrate, Eraniel, moved by the petitioner/the de-facto complaint shall be taken up and the lower Court is directed to pass a fresh detailed and considered order on merits. Sd/- Assistant Registrar(P&A) /TRUE COPY/ Sub Assistant Registrar To 1. The District Munsif-cum-Judicial Magistrate, Eraniel. 2. The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District. +1CC to Mr.L.Shaji Chellan, Advocate SR.No.2962 Crl.R.C.(MD).No.54 of 2011 24.01.2011 ssl PA/15.02.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/