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2009 Supreme(Mad) 3588

R.REGUPATHI
B. Sundarrajan – Appellant
Versus
State rep by Inspector of Police Tiruvannamalai Town Police Station – Respondent


Advocates Appeared:
For the Petitioner:P. Sathish Prabu, Advocate.
For the Respondent: N.R. Elango, APP.

Judgment :-

This petition is filed, seeking for a direction to the respondent police to further investigate the case in Cr.No.28/2004 of Thiruvannamalai Police Station.

2. The petitioner is the defacto-complainant in Cr.No.28 of 2004 on the file of the respondent police for the offence punishable under Sec.380 IPC.

3. The case of the prosecution is that theft of jewellery was committed from a Jewellery Shop and based on that investigation has been taken up. Since the assailant could not be traced, investigation of the case was closed on 12. 2004. Subsequently, the respondent police re-opened the case on fresh information and the accused were arrested and jewels were recovered. Under such circumstance, a petition under Sec.173(8) for further investigation has been filed on 25. 2004 before the learned Judicial Magistrate No.I, Thiruvannamalai and the learned Judicial Magistrate by order dated 6. 2004 in Cr.M.P.No.4341 of 2004 dismissed the said petition stating that the final report filed by the respondent has been taken cognizance and under such circumstances, fresh investigation cannot be ordered.

4. A revision preferred by the respondent police in Crl.R.C.No.10 of 2004 against the








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