Madras High CourtCRL OP/31425/2013dismissed as infructuous

Mumthaj Beevi v. State Rep By

2019-11-15Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.31425 of 2013 Mumthaj ... Petitioner Vs.

1.State Rep. by, Inspector of Police, Central Crime Branch, Land Grabbing Cell, Egmore, Chennai-8.

(Crime No.350 of 2013) 2.Rajan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the same pending investigation in Crime No.350 of 2013 on the file of the Inspector of Police, Central Crime Branch, Land Grabbing Cell, Egmore, Chennai.

For Petitioner :

Mr.C.V.Kumar For R1 :

Mr.C.Iyyappa Raj Additional Public Prosecutor *****

ORDER

This Court by order dated 15.11.2019 while disposing the above petition, found the final report in Crime No.350 of 2013 was filed only

on 01.11.2019, after lapse of six years and hence, directed the Commissioner of Police, Chennai to take action against the concerned officer for the delay in conducting investigation and filing the charge sheet and directed to post the matter for reporting compliance on 29.11.2019.

2.On 29.11.2019 it was submitted by the learned Additional Public Prosecutor that the departmental proceedings comtemplated against the erring police officials, who are responsible for the investigation of the case during the relevant time.

3.Today when the case was taken up for hearing under the caption for reporting compliance, the learned Additional Public Prosecutor submitted that pursuant to the direction of this Court, the Deputy Commissioner of Police Mr.Rajendran, initiated disciplinary proceedings against D.Velmurugan and N.Dharma, the Investigating Officers in Crime No.350 of 2013 during the relevant time, in proceedings No.36/2020 and charge memo dated 06.02.2020 were issued to them. One Mr.Swaminathan, Deputy Commissioner of Police is nominated as

enquiry officer and examined witnesses. The chief examination commenced on 10.03.2020 and cross examination was done on 18.05.2020. The enquiry is proceeding and shortly the same would be completed.

4.Recording the submission and finding action against the erring police officials and disciplinary proceedings initiated which is in progress and the order of this Court dated 15.11.2019 being complied with, no further order is required.

07.07.2020 Index: Yes/No Internet: Yes/No vv2 To 1.The Inspector of Police, Central Crime Branch, Land Grabbing Cell, Egmore, Chennai-8.

2.The Public Prosecutor, High Court Madras.

M.NIRMAL KUMAR, J.

vv2 07.07.2020