Prem Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4288 of 2022 Prem Kumar

...Petitioner

Vs.

The Inspector of Police, Q Branch, Mylapore, Chennai.

...Respondent

PRAYER: This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondent to file a final report in Crime No.2 of 2019 pending investigation before the respondent.

For Petitioner :

Mr.R.C.Paul Kanagaraj For Respondent :

Mr.V.Meghanathan Govt.Advocate(Crl.side)

O R D E R

The Criminal Original Petition has been filed to direct the respondent to file a final report in Crime No.2 of 2019 pending investigation before the respondent.

2.The respondent has filed counter today.

The relevant paragraphs in the counter in paragraphs Nos.16 to 18 are extracted here under:

"16. It is submitted that, during the course of investigation the following seized incriminating materials were sent to TNFSD for analysis in CF.No.81/2020, CHEM No.144/2020 dated: 18.03.2020.

SL DESCRIPTION OF PROPERTY 1.

Apple I-Phone 4S/SRNo.C8PK2BJEDT9Y, 2.

VIVO-1818,

SL DESCRIPTION OF PROPERTY 3.

VIVO-1716 Model Black color IMEI:866066038504092, 866066038504084 4.

Sony 16GB Pen drive Black color 5.

CEFECE Black and Red Color Pen Drive 6.

Toshiba Pen Drive 16 GB 16371694322 RPRH4IS 7.

Black Color HP 110 Computer CPU Sl.No.4CE35106KT Product No: EGT55AA#ACJ 8.

Hard Disks Seagate 500 GB S No: 9QGOJH6R 9.

Seagete 250GB S.NO: 6RYGXQ7J 10.

Seagete 160GB S.NO: 9RX3M86Z 11.

Hard Disk Hitachi desk star 160GB S.NO: ZHRHVGOZV 12.

Laptop Acer Aspire 4739 Series, Sl.No:

NXM1TS100222100C6CE7600 with adopter cable 13.

Sony DVD-R 120 MIN/4.7GB-2 14.

CD-Imation 700 MB 8239125LA8915 15.

CD Imation 700 MB 8349130RD23046 16.

CD Puma 700 MB 928814BC06517 17.

CD PUMA 700 MB 06542RE10842 18.

CD Sony 700 MB 412129LA41890 19.

CD-NEX Gen 700 MB 73235SLC24574 20.

CD Nex GEN 700 MB 73235SRB24575 21.

CD PUMA 700 MB 6193125R541442 22.

CD Sony 700 MB 11912SUC11936 23.

CD Annamalai Color Lab 700 MB 638 24.

CD Nex Gen 700 MB 73235SLE24502 25.

CD PUMA 700 MB 8193125MD47435 26.

CD Sony 700 MB 928431RC433 27.

CD Amkette 700 MB D1P0024-G 28.

CD Puma 700 MB 11420151 29.

CD Photo Pak 700 MB R80-69-12-22 30.

Brother DCP-T710W Color Printer - 1

17. It is submitted that the delivery manifesto of speed post containing passports and the specimen signatures were sent to TNFSD for analysis vide DOC No.113/2021 dated 15.07.2021

for analysis and the TNFSD analysis report is yet to be received, without which appropriate charges cannot be fixed.

18. It is further submitted that, huge number of documents were seized in this case viz., Passports, Voter Identity cards, Aadhar Cards, Educational certificates, etc., and electronic gadgets like hard disks, pendrives, laptop and mobile phones were also seized. Each and every document / electronic gadgets have to be verified throughly and its genuineness has to be ascertained, which require detailed investigation. Most of the documents to be verified are, related to the Revenue and School Education departments, upon which the investigation requires to be completed to establish the specific roles of the accused in the commission of the offence".

3. The learned Government Advocate would submit that only after getting the Report from the Forensic Lab, the respondent would be able to file the final report.

4.The learned counsel appearing for the petitioner would submit that petitioner is a Srilankan National and due to the pendency of this case he is unable to leave the Country. Hence, the learned counsel seeks direction, directing the respondent to file the final report.

5.Taking into consideration of the fact that the petitioner is a Srilankan National and the case having been registered during the year 2019 and the petitioner is confined in the Special camp at Trichy, a direction is issued to the respondent to complete the investigation and file the final report as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order. 6.With the above direction, this Criminal Original Petition stands disposed of.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar nti/ssi

To 1.The Inspector of Police, Q Branch, Mylapore, Chennai.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4288 of 2022 SV(CO) RN(04/04/2022)