Balamurugan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3963 OF 2022 Balamurugan

...Petitioner

Vs.

State by Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.49 of 2019)

...Respondent

PRAYER : This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, pleased to direct the respondent herein, viz the Inspector of Police, Kunnam Police Station, Perambalur District to complete the investigation and file a final report in Crime No.49 of 2019 for the offence under Section 147, 148, 294(b), 323, 324, 307, 506(2)IPC and Section 3 of TN Public Property (Prevention of Damage & Loss) Act 1992 before the concerned Court.

For Petitioner :

Mr.M.R.Elavarasan For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This petition has been filed seeking to direct the respondent/Inspector of Police, Kunnam Police Station, Perambalur District to complete the investigation and to file a final report in Crime No.49 of 2019 for the offence under Section 147, 148, 294(b), 323, 324, 307, 506(2)IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act 1992 before the concerned Court.

2.The case of the petitioner is that on the complaint given by him against one Elayaperumal and seven others, the case in Cr.No.49 of 2019 was registered by the respondent police for the offence under Sections 147, 148, 294(b), 323, 324, 307, 506(ii) of IPC and Section 3 of Tamil Nadu Public Property (Prevention of Damage & Loss) Act 1992. On the counter complaint given by https://hcservices.ecourts.gov.in/hcservices/

the opposite side, a case in Cr.No.48 of 2019 was registered against one Thangadurai and six others including the name of the petitioner.

3.In the case in counter, the respondent had completed the investigation in Cr.No.48 of 2019 and filed a final report and the case has been taken up for trial in Spl.S.C.No.2 of 2022. 4.The learned counsel for the petitioner would submit that as per PSO-588 when there are case and case in counter, both the cases have to be investigated together and the final report has to be filed in both cases at the same time to find out who is the aggressor. Whereas, the respondent has not completed the investigation in the complaint given by the petitioner in Cr.No.49 of 2019.

5.At this juncture, the learned Additional Public Prosecutor would submit that the investigation in Cr.No.49 of 2019 will be completed and the final report will be filed within a period of two months.

6.Recording the same, a direction is issued to the respondent to complete the investigation in Cr.No.49 of 2019 and to file a final report within a period of two months from today. 7.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar jas/tsh To 1.The Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.49 of 2019) 2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Balu, Advocate Sr.No.11657 Crl.O.P.No.3963 of 2022 GSM(CO) RVM(23/02/2022) https://hcservices.ecourts.gov.in/hcservices/