1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD)No.439 of 2011 K.Kathirvel ... Petitioner Vs. 1. The Inspector of Police, C5, Karimedu Police Station, Karimedu,Madurai. 2. The Commissioner of Police, Madurai. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police to investigate into the crime in Crime Number 948 of 2009 on the file of the first respondent police and file final report within a time limit. For Petitioner :Mr.T.R.Jeyapalam For Respondents :Mr.L.Murugan, Govt. Advocate (Crl.side) O R D E R This Criminal Original Petition has been filed to direct the respondent police to investigate into the crime in Crime Number 948 of 2009 on the file of the first respondent police and file final report within a time limit. 2. Heard Mr.T.R.Jeyapalam, learned counsel for the petitioner and Mr.L.Murugan, learned Government Advocate (Criminal side) appearing for the State. 3. The learned counsel for the petitioner would submit in his argument that the case has been registered in Cr.NO.948 of 2009, on the file of the first respondent police on referral by the learned Judicial Magistrate concerned under Section 156(3)Cr.P.C. and the investigation is still pending and a suitable direction may be issued to the first respondent police to complete the investigation and to file charge sheet in Cr.No.948 of 2009, pending on its file. 4. The learned Government Advocate(Crl.side) would submit in his argument that the investigation was over and the case was referred as "a mistake of fact" and the petitioner was not available for service of refer notice. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Considering the submission made on either side, this Court could see that the investigation is already completed and over and there is no reason for extending time or giving direction to the first respondent to complete the investigation as sought for by the petitioner. 6. At this juncture, the learned Counsel for the petitioner would request this Court that a refer notice may be directed to be issued to the petitioner and he may be permitted to file protest petition and seeks his remedy for re-investigation. 7. Considering the submission made by the learned Counsel for the petitioner, this Court is inclined to direct the first respondent to serve refer notice upon the petitioner on the given address in this petition and the petitioner is also given liberty to file protest petition before the Jurisdictional Magistrate seeking for re-investigation in accordance with law. With the aforesaid direction, this Criminal Original Petition is dismissed. Sd/- Deputy Registrar(Accounts) /True Copy/ Assistant Registrar To 1. The Inspector of Police, C5, Karimedu Police Station, Karimedu, Madurai. 2. The Commissioner of Police, Madurai. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.T.R.Jeyapalam, Advocate, Sr.No.1969 Crl.O.P.(MD)No.439 of 2011 18.01.2011 SSL SMA/25.01.2011/5C/2P https://hcservices.ecourts.gov.in/hcservices/