Prayer
Criminal Original petition filed under Section 482 of Cr.P.C., to set aside the order of the learned Judicial Magistrate No.II, Coimbatore accepting the report submitted by the Sub-Inspector of Police, in Crime No.589 of 2022 [no. FR-147/2023-Original] by numbering the same as RCS [Referred Charge Sheet] No.62 of 2024 dated 14.03.2024 and further prayed to direct any other Station House Office to further investigate the Crime No.589 of 2022 [dated 13.12.2022] to file a final report.
Petition filed to quash the RCS
This petition has been filed challenging the referred charge sheet notice in Crime No.589 of 2022 on the file of the respondent police, thereby closed the same as un-deducted one.
Facts
2. The petitioner is the complainant and she lodged complaint alleging that while she was proceeding to her home in a bus, there was chain snatching in the bus and she lost 6½ sovereign necklace. On receipt of the said complaint, the respondent registered a FIR in Crime No.589 of 2022 for the offence under Section 379 of IPC. After investigation, the FIR was closed as un-deducted one and filed referred charge sheet notice. It was recorded by the learned Judicial Magistrate and closed the FIR. Challenging the same, the present petition has been filed.
3. The learned counsel appearing for the petitioner would submit that whenever the report recording the closure of FIR as undeducted can be challenged before this Court, as held by this Court in the judgment reported in 2017(2) CTC 241 in the case of Chinnathambi Vs. State by an order dated 23.02.2017.
RCS Quashed
4. In view of the above judgment, the impugned referred charge sheet cannot be sustained and liable to be quashed. The referred Charge Sheet No.62 of 2024 dated 14.03.2024 is hereby quashed. The first respondent is directed to conduct further investigation in Crime No.589 of 2022 and proceed in accordance with law.
5. Accordingly, the Criminal Original Petition stands allowed.
Party
C. Chitra, and the respondent vs. The State represented by The Sub Inspector of Police, Kattoor Police Station (Crime No. 589 of 2022) – Criminal Original Petition No. 20757 of 2024 – dated 06.02.2025 – authored by The Honourable Mr. Justice G.K. Ilanthiraiyan.
