CRL MP(MD). No.5691 and 5695 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Criminal Original Jurisdiction

Friday, the Sixteenth day of September Two Thousand and Twenty Two

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL MP(MD). No.5691 and 5695 of 2022

in

CRL OP(MD)13962 of 2017

V. Sarlin Sheeba ... Petitioner/Petitioner

same in both Petition

Vs

1 The Superintendent of Police

O/o. Superintendent of Police Nagerkovil

Kanniyakumari District.

2 The Assistant Superintendent Of Police

Colachel

Kanniyakumari District.

3. The Inspector of Police,

kollencode Police Station,

Kanniyakumari District

(Crime No.290 of 2017) ... Respondent/Respondent

same in both Petition

Prayer :- CRL MP(MD). No.5691 of 2022

Criminal Miscellaneous Petition filed under section 482 of

Cr.p.c. To direct the 3rd Respondent to serve RCS notice to the

petitioner complying the order dated 10.12.2020 passed by this

Hon`ble Court in Crl.OP(MD)No.13962/2017 in Crime No.290/2017

enabling the petitioner to file the protest petiton.

Prayer in CRL MP(MD). 5695/ 2022 :

Criminal Miscellaneous Petition filed under section 482 of

Cr.p.c.To transfer the proceedings in Crime No.290/2017 from Learned

Judicial Magistrate II, Kuzhithurai, Kanyakumari District to the

Learned Judicial Magistrate Court at Valliyoor, Tirunelveli

District, enabling the Petitioner to file the Protest Petition

Prayer in CRL OP(MD). 13962/ 2017 :

To direct the 1st Respondent for charge of investigation in

Crime No.290 of 2017 dated 23.09.2017 on the file of 3rd Respondent

and entrust the same to a Competent Officer for investigation and

file a final report before the Jurisdictional Magistrate within the

time stipulated by this Honourable Court.

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https://www.mhc.tn.gov.in/judis

CRL MP(MD). No.5691 and 5695 of 2022

ORDER:- These Criminal Miscellaneous Petition coming on for orders

on this day and upon perusing the petition and the affidavit filed

in support thereof and upon hearing the arguments of V.RAJIV RUFUS

Advocate for the Petitioner and of R.MEENAKSHI SUNDARAM, Additional

Public Prosecutor for the respondents, this Court made the following

order:

The Criminal Original Petition in Crl.O.P.(MD)No.13962

of 2017, filed seeking transfer of investigation in Crime No.290 of

2017, was closed by this Court by an order dated 10.12.2020 with

liberty to the petitioner to receive RCS notice and to file a

protest petition before the concerned Judicial Magistrate.

2.The present petitions have been filed by the petitioner

seeking a direction to the respondent to serve RCS notice enabling

the petitioner to file a protest petition as ordered by this Court

and also to transfer the proceedings in Crime No.290 if 2017 from

the file of learned Judicial Magistrate II, Kuzhithurai, Kanyakumari

District to the learned Judicial Magistrate Court at Valliyoor,

Tirunelveli District.

3. When this matter was taken up for hearing, the learned

counsel for the petitioner submitted that RCS notice was not served

upon him as directed by this Court. Hence, he seeks a direction to

the respondent to serve RCS notice to the petitioner.

4.The learned Government Advocate (Crl.side) filed a status

report dated 30.08.2022 in this regard. It is stated in the status

report that the case in Crime No.290 of 2017 was thoroughly

investigated and closed as mistake of fact and the final report has

also been filed before the learned Judicial Magistrate No.II,

Kuzhithurai after serving RCS Notice to the petitioner/defacto

complainant. Again in pursuant to the order dated 26.07.2022, fresh

RCS notice was also sent to the petitioner on 01.08.2022, the

petitioner had also acknowledged it by affixing her signature.

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