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2014 DIGILAW 4012 (MAD)

Petchiammal v. District Superintendent of Police, Tirunelveli District

2014-10-28

P.DEVADASS

body2014
Judgment : Petchiammal, who is the defacto complainant in Crime No.336 of 2013, registered by the 3rd respondent, namely, the Sub-Inspector of Police, Munnirpallam Police Station, Tirunelveli District, came forward with this petition under Section 482 Cr.P.C, since the Crime Number is kept pending in the F.I.R. Stage itself. 2. It has been submitted by the learned counsel for the petitioner that when the said Petchiammal applied under Right to Information Act, it has been stated that the case has been closed as 'Mistake of Fact' (MF). But, when it was verified with the jurisdictional Magistrate, namely, Judicial Magistrate No.V, Tirunelveli it is stated that with regard to the said Crime Number, so far no final report has been filed and as per the Court records, the Crime Number is pending. In the circumstances, dissatisfied with the way in which her case is being handled, the defacto complainant has approached this Court. 3. The learned Government Advocate (Criminal side) in fact was also kept in dark by the Police, because he nerved too much, but he too not able to decipher anything from the case -diary. Therefore, it becomes our duty to clear this muddle. 4. Under Section 482 Cr.P.C. this Court has power to do justice. The last phrase in Section 482 Cr.P.C. is 'otherwise to secure the ends of justice'. 5. Now, in this case, Petchiammal set the Criminal law in motion by filing a report alleging commission of certain cognizable offences, naming the accused. Munnirpallam Police has registered a case in Crime No.336 of 2013 on 15.07.2013. 6. Police is bound to inform her about what action has been taken on her complaint. However, in this case, actually Petchiammal was kept in dark. She is very much aggrieved. In the circumstances, under Right to Information Act, she has sought for information as to the fate her said case from the Public Information Officer/the Additional Superintendent of Police (Crimes), Tirunelveli. She was replied that her case has been closed as 'Mistake of Fact' (MF). Having entertained a doubt on this, she had applied to the concerned Magistrate. She got starling reply that the F.I.R. is pending. Under these circumstances, Petchiammal came to this Court. 7. Now the learned Government Advocate cannot be blamed because he himself has been kept in dark. But the Court could not be so. It must do justice. 8. Having entertained a doubt on this, she had applied to the concerned Magistrate. She got starling reply that the F.I.R. is pending. Under these circumstances, Petchiammal came to this Court. 7. Now the learned Government Advocate cannot be blamed because he himself has been kept in dark. But the Court could not be so. It must do justice. 8. In the circumstances, the first respondent, namely, the Superintendent of Police, Tirunelveli Rural District will direct the Inspector of Police, Munnirpallam Police Station, Tirunelveli District to oversee the investigation in Crime No.336 of 2013 registered by Munnirpallam Police Station and check the further action in accordance with law. The Inspector of Police, Munnirpallam Police Station as per law is bound to inform the petitioner as to what action has been taken on her complaint. 9. With the said direction, this Criminal Original Petition is disposed of.