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Madras High CourtCRL OP/10662/2015closed

E.Kuttiyappan v. The Superintendent Of Police

2015-04-28Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.10662 of 2015 E.KUTTIYAPPAN [ PETITIONER ] Vs 1 THE SUPERINTENDENT OF POLICE KANCHEEPURAM DISTRICT AT KANCHEEPURAM 2 THE INSPECTOR OF POLICE G-4 UTHIRMERUR POLICE STATION KANCHEEPURAM DISTRICT. [ RESPONDENTS ] Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent herein viz. the Inspector of Police G4 Uthirmerur Police Station Kancheepuram District to call for the records in Cr.NO.395/2009 for verification and order to file a final report before the JMM Court at Uthirmerur within the time stipulated by this Court.

For Petitioner :

Mr.R.Vinu Priyanga For Respondents :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking a direction to the 2nd respondent police to call for the records in Cr.NO.395/2009 for verification and order to file a final report before the learned Judicial Magistrate at Uthirmerur, within a stipulated time, the petitioner has come up with this petition.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3. The learned Additional Public Prosecutor represents that the police have completed the investigation and filed closure report on 22.11.2013 before the learned Judicial Magistrate No.II, Uthiramerur and the same has been accepted by the learned Magistrate.

4. On a reading of the closure report, this Court surprised to note that in a serious allegation of this nature viz., one of the petitioner's brother has obtained a false death certificate, from and out of which he dealt with the lands, the police had dropped further action.

5. In view of the perfunctory manner in which the investigation has been dropped, this Court directs the 2nd respondent police to re-open the case in Crime No.395 of 2009 and investigate the same and take action in accordance with law. This Court further directs the Deputy Superintendent of Police, Mathuranthagam to personally monitor the investigation of the 2nd respondent police.

6. With the above direction, the Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rg To 1 THE SUPERINTENDENT OF POLICE KANCHEEPURAM DISTRICT AT KANCHEEPURAM 2 THE INSPECTOR OF POLICE G-4 UTHIRMERUR POLICE STATION KANCHEEPURAM DISTRICT.

3. THE DEPUTY SUPERINTENDENT OF POLICE, MATHURANTHAGAM

4. THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS 1 CC to Mr.R.Vinu Priyanga, Advocate SR.No. 23301 Crl.OP No.10662 of 2015 MP (CO) PSI (22.05.2015)