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Madras High CourtCRL OP/6718/2025disposed of

O.P.Baskar v. Superintendent Of Police

2025-03-10Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6718 of 2025 O.P.Baskar

...Petitioner

-Vs1.Superintendent of Police, Namakkal District 637 003.

2.Deputy Superintendent of Police, Thiruchengode, Namakkal District 637 001.

3.The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District.

Crime No.153 of 2019 4.Pappathai 5.Kalyani 6.Kumarasamy 7.Senthilkumar 8.Muthusamy ... Respondents 1/6

Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the third respondent comply with the order dated 04.03.2023 made in Crl.M.P.No.593 of 2022 in C.C.No.6 of 2021 on the file of the Judicial Magistrate Court, Komarapalayam and conduct further investigation and file additional charge sheet forthwith.

For Petitioner : Mr.R.Prabakar For R1 to R3 : Mr.A.Gopinath, Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to direct the third respondent police to conduct further investigation and file an additional charge sheet pursuant to the order of the Judicial Magistrate Court, Komarapalayam, in Crl.M.P.No.593 of 2022 in C.C.No.6 of 2021, dated 04.03.2023.

2. The learned counsel for the petitioner submitted that, based on the complaint lodged by the petitioner, a case was registered in Crime No.153 of 2019 by the third respondent police. After the completion of the investigation, the third respondent filed the final report, which was 2/6

taken cognizance in C.C.No.6 of 2021 by the Judicial Magistrate Court, Komarapalayam and the case is pending trial. Subsequently, the petitioner filed Crl.M.P.No.593 of 2022 in C.C.No.6 of 2021, seeking further investigation in Crime No.153 of 2019. The same was allowed by an order dated 04.03.2023, wherein the Trial Court directed the third respondent to conduct further investigation and file a report. However, the third respondent has failed to complete the investigation and has not filed any report in compliance with the said order. Hence, the petitioner has prayed for the relief sought in this petition.

3. Heard the learned counsel for both sides and perused the materials placed on record.

4. Considering the facts and circumstances of the case, the third respondent is directed to complete the further investigation and file an additional report, if any, as directed by the Judicial Magistrate Court, Komarapalayam, within a period of eight weeks from the date of receipt of a copy of this order.

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5. With the above direction, this Criminal Original Petition is disposed of.

10.03.2025 Index : Yes/No Internet: Yes/No shk 4/6

To

1. Judicial Magistrate Court, Komarapalayam 2.Superintendent of Police, Namakkal District 637 003.

3.Deputy Superintendent of Police, Thiruchengode, Namakkal District 637 001.

4.The Inspector of Police, Pallipalayam Police Station, Pallipalayam, Namakkal District.

5.The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN.J, shk Crl.O.P.No.6718 of 2025 10.03.2025 6/6