S.Varadharaj v. The State By Inspector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11106 of 2009 S.Varadharaj ... Petitioner Vs.

1.The State by Inspector of Police, Perundurai Police Station, Crime No.800 of 2008, Erode District.

2.P.C.Gugamani ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to the case in Crime No.800 of 2008 pending investigation on the file of the 1st respondent police, quash the same in so far the petitioner is concerned by allowing this Criminal Original Petition.

For Petitioner : Mr.N.Manokaran For Respondents : Ms.Saradha Devi for R1 Government Advocate (Crl.Side) Mr.K.M.Vijayan for R2 for Mr.N.Chinnaraj

O R D E R

The petitioner has filed this petition seeking to call for the records relating to the case in Crime No.800 of 2008 pending investigation on the file of the first respondent police, to quash the same in so far as the petitioner is concerned by allowing this criminal original petition.

2.The learned counsel appearing for the petitioner would submit that the FIR does not disclose any commission of offence. He would further submit that the defacto complainant alleges his father namely Chinnasamy Gounder was assaulted on 22.07.2008 and he died on 13.09.2008. He would further submit that even the post mortem certificate did not disclose any injury. 1/4 https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel appearing for the petitioner would further submit that since FIR is pending and the quash petition filed by the co-accused was dismissed as early as in the year 2008 itself, this Court may issue direction to the first respondent to conclude the enquiry within a time frame. 4.The learned Government Advocate (Criminal Side) would submit that the law enforcing agency would conclude the enquiry, within a period of six weeks from the date of receipt of a copy of this order.

5.In view of the above, this Court directs the first respondent to conclude the enquiry in Crime No.800 of 2008, within a period of six weeks from the date of receipt of a copy of this order.

6.This criminal original petition is accordingly disposed of. Consequently, connected miscellaneous petition, if any, is closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar pri To 1.The Inspector of Police, Perundurai Police Station, Crime No.800 of 2008, Erode District.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1 cc to M/s.N.Manoharan Advocate sr 102415 Crl.O.P.No.11106 of 2009 aa21/01/2020 2/4 https://hcservices.ecourts.gov.in/hcservices/