Madras High CourtCRL OP/2612/2023disposed of

K. Rathinavel v. The State Rep.By

2023-02-08Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.2612 of 2023 1.K.Rathinavel 2.R.Parvathi 3.R.VijayAnand ... Petitioners Vs.

State Rep.by the Inspector of Police Tambaram Chennai 600 045.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the respondent police Viz., the Inspector of Police, Tambaram, Police Station, Tambaram and to file final report in Crime No.853 of 2022 on the file of the Respondent Police as directed by the learned Judicial Magistrate No.II, Tambaram, vide order dated 29.01.2021, in Crl.M.P.No.167 of 2021, within a time limit stipulated by this Hon'ble Court.

For Petitioners : Mr.K.Venkatesan For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondent police Viz., the Inspector of Police, Tambaram Police Station, Tambaram to file final report in Crime No.853 of 2022 as directed by the learned Judicial Magistrate No.II, Tambaram, vide order dated 29.01.2021, in Crl.M.P.No.167 of 2021.

2. Learned counsel for the petitioners submitted that learned Judicial Magistrate No.II, Tambaram passed an order in Crl.M.P.No.167 of 2021 on 29.01.2021, on the complaint given by the petitioner under Section 156(3) of Cr.P.C. to make preliminary enquiry on the complaint dated 26.12.2019 and proceed as per the decision of the lalitha Kumari case reported in 2014 2 SCC and file a report immediately.

3. He further submitted that as per the directions, First Information Report in Crime No.853 of 2022 was registered for the offence under Section 420 of IPC by the Tambaram Police Station against one Sethuraman. Thereafter no investigation was conducted and final report is not filed so far. Therefore, this petition.

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4. Learned Government Advocate (Crl.side) submitted that First Information Report was registered on 14.11.2022 and respondent police is investigating the case. The final report will be filed in due course of time, after completion of investigation.

5. In the circumstances stated by the learned counsel appearing for the parties, the respondent police is directed to proceed with the investigation and file final report as early as possible, preferably within a period of three months from the date of receipt of copy of this order.

6. Accordingly, this Criminal Original Petition is disposed of. 08.02.2023 Internet:Yes Index:Yes/No mpl To:

1.The Inspector of Police Tambaram Chennai 600 045.

2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

mpl Crl.O.P. No.2612 of 2023 08.02.2023 4/4