Madras High CourtCRL OP/3740/2021disposed of

S.Fathima v. The Deputy Commissioner Of Police

2021-03-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.3740 of 2021 and Crl OP No.4613 of 2017 & Crl MP No.3475 of 2017 S.Fathima ... Petitioner in Crl OP 3740/21 V.Meeran Mohideen ... Petitioner in Crl OP 4613/17 vs.

1. The Deputy Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai.

2. The State Rep. By The Inspector, W-8, All Women Police Station, Thirumangalam, Chennai.

Crime No.11 of 2016 ... Respondents 1 & 2 in Crl OP 3740/21 Inspector of Police, All Women Police Station, Thirumagalam, Chennai.

(Cr. No.11/2016) Karur Shahul Hameed ... Respondents 1 & 2 in Crl OP 4613/17 PRAYER in Crl.OP No.3740/21: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to issue a direction directing the second respondent to investigate the case and file the final report in the Crime No.11 of 2016 which is pending on the file of the second respondent herein in accordance with law.

PRAYER in Crl.OP No.4613/17: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in connection with Crime No.11 of 2016 pending before the respondent No.1 and quash the same.

For Petitioner : Mr.M.Guruprasad (in Crl OP No.3740/21) For Petitioner : Mr.A.Raja Mohamed (in Crl OP No.4613/17) For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 & 2 in Crl OP No.3740/21 & R1 in Crl OP No.4613/17 Mr.Va Vu Si Vazhakkam for R2 in Crl OP No.4613/17 COMMON ORDER The petitioner who is arrayed as A4 in the FIR has filed this quash petition. The victim lady has filed a petition seeking for direction to file a Final Report in this case.

2. Ms.Maliga, Inspector of Police was present at the time of hearing through video conferencing. The learned Additional Public Prosecutor on instructions submitted that the investigation has been completed and the Final Report is ready to be filed before the concerned Court and it will be filed within the time stipulated by this Court.

3. Taking into consideration the facts and circumstances of the case and also of the fact that the investigation has already been completed in this case, this court is not inclined to interfere with the FIR at this stage. There shall be a direction to the respondent Police to file the Final Report before the concerned Court within a period of two weeks from the date of receipt of a copy of this Order. The concerned Court shall act upon the Final Report within a period of four weeks thereafter. If the petitioner has any grievance on the Final Report filed before the Court below, it is left open to work out his remedy in the manner known to law.

4. Both the Criminal Original Petitions are disposed of accordingly. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jv

1. The Deputy Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai.

2. The Inspector, W-8, All Women Police Station, Thirumangalam, Chennai.

3. The Inspector of Police, All Women Police Station, Thirumagalam, Chennai.

4. The Public Prosecutor, High Court of Madras, Chennai 600 104.

+1cc to Mr.M.Guru Prasad, Advocate, S.R.No.15315. Crl.O.P No.3740 of 2021 and Crl OP No.4613 of 2017 & Crl MP No.3475 of 2017 PCH(CO) CSR 08.04.2021