K.Manickam v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.02.2021 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3785 of 2021 K.Manickam, S/o.Krishnasamy

...Petitioner/Accused

Vs.

State rep by, Inspector of Police, Vigilance and Anti Corruption (Crime No.4 of 2019)

...Respondent/Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, seeking to direct the respondent police to file a final report before the appropriate Court in Crime No.4 of 2019, dated 26.12.2019 within a reasonable period to be fixed by this Court.

For Petitioner : Mr.B.Mahendra Naidu For Respondent : Mr.T.Shunmugarajeswaran, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed by the petitioner/accused seeking to direct the respondent police to file the final report before the appropriate Court in Crime No.4 of 2019, dated 26.12.2019, within the reasonable period fixed by this Court.

2.The petitioner/accused was arrested and remanded to judicial custody on 27.12.2019 in Crime No.4 of 2019 registered by the respondent police for the offence under Section 7 of the Prevention of the Corruption (Amendment) Act, 2018, on the complaint given by one Saravanan, S/o.Selvarasu. It is the further grievance of the petitioner, that the respondent has not properly conducted the investigation in this case and that they are delaying in filing the final report and hence, he has come forward with this petition seeking for a direction to direct the

respondent and to complete the investigation and to file the final report.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the respondent has been fairly conducting the investigation and has been taking appropriate steps to record the statements of the witnesses under Section 164 Cr.P.C., and they are taking effective steps to complete the investigation as expeditiously as possible. He would also submit that the respondents are facing difficulties in getting the certified copies from the concerned Court viz., the Chief Judicial Magistrate, Perambalur and thereby, they are unable to proceed the case further and to complete the investigation in time. He would further submit that if a period of six moths is given, the respondent police would be able to complete the investigation and file the final report.

5.Taking into consideration, the submissions made by the learned Government Advocate, this Court directs the respondent police to complete the investigation as expeditiously as possible preferably within a period of six months from the date of receipt of a copy of this order and to file the final report before the concerned Court.

6.It is also reported by the learned Government Advocate that the respondents are facing difficulties in getting certified copies from the learned Chief Judicial Magistrate, Perambalur and thereby, the learned Chief Judicial Magistrate, Perambalur is directed to take effective steps to see to that the certified copies as sought for by the prosecution agency are issued as expeditiously as possible.

7.With the above directions, the Criminal Original Petition stands disposed of.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssi To 1.The Chief Judicial Magistrate,

2.The Inspector of Police, Vigilance and Anti Corruption 3.The Public Prosecutor, High Court of Madras.

+1 CC to Mr.B.Mahendra Naidu, Advocate sr 11519. Crl.O.P.No.3785 of 2021 MG(CO) SP(02/03/2021)