T.D.Naidu @ Deenadayalan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.28384 of 2013 and M.P.No.1 of 2013 T.D.Naidu alias Deenadayalan Naidu, Son of K.P.Naidu, D.D.Medical College & Hospital, Kunnavalam Village, Tiruttani Taluk, Tiruvallur District. ... Petitioner/Accused vs.

1.The State of Tamil Nadu, Represented by Inspector of Police, D3 K.K.Chathiram Police Station, Tiruvallur District. ...Respondent/Complainant (Crime No.163 of 2013) 2.Dr.B.Senthilkumar ... Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Cr.P.C., seeking to call for the records in Cr.No.163 of 2013 on the file of the Inspector of Police, D3 K.K.Chathiram Police Station, Tiruvallur and quash the same.

For Petitioner : Mr.A.Saravanan For Respondents: Mr.C.Ayyapparaj Additional Public Prosecutor for R1

O R D E R

This petition has been filed seeking to call for the records in Cr.No.163 of 2013 on the file of the Inspector of Police, D3 K.K.Chathiram Police Station, Tiruvallur and quash the same.

2.The learned counsel appearing for the petitioner would submit that the Tamil Nadu Dr.MGR University by order dated 30.05.2012 granted Provisional Affiliation to D.D.Medical College for the Academic year 2012-2013 and the petitioner - College is being run only with the permission of the Central Government, Medical Council of India and Tamil Nadu Dr.MGR Medical University. He would further submit that, a petition with regard to the permission of the Medical Council of India for continuation of MBBS course in the College is also pending before the Hon'ble Supreme Court of India. Therefore, the petitioner has not committed any offence as alleged in the FIR. 3.The learned counsel appearing for the petitioner would further submit that, it would suffice, if this Court permits the petitioner to furnish the particulars before the law enforcing agency to prove their innocence and issue direction to the law enforcing agency to complete the investigation within a time frame.

4.The learned Additional Public Prosecutor concedes to the request made by the learned counsel appearing for the petitioner and on instructions, he would further submit that the investigation will be completed within the time frame fixed by this Court.

5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the case, is inclined to issue direction to the law enforcing agency to complete the investigation in Crime No.163 of 2013, after giving opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to co-operate with the law enforcing agency for early completion of the investigation.

6.This criminal original petition is disposed of. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

To 1.The Inspector of Police, D3 K.K.Chathiram Police Station, Tiruvallur District.

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

Crl.O.P.No.28384 of 2013 and M.P.No.1 of 2013 ca[co] srg 13/03/2020