Madras High CourtCRL OP/3801/2017disposed of

B.Balaji @ Raja, v. State Rep. By

2017-02-27Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2017

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3801 of 2017 B.Balaji @ Raja ... Petitioner Vs State Rep.by Inspector of Police, G-2, Periamet Police Station, Periamet, Chennai 3 Cr.No.204/2014.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to expedite the investigation in Crime No.204 of 2014 on the file of the respondent police and file the final report within a stipulated time period fixed by this Court.

For Petitioner :

Mr.N.Subramani For respondent :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the respondent to expedite the investigation in Crime No.204 of 2014 on the file of the respondent police and file a final report within a stipulated time period fixed by this Court.

2. The petitioner is the first accused in Crime No.204 of 2014 on the file of the respondent police.

3. According to the petitioner, a case has been registered against him as early as on 11.03.2014 for the offence under Sections 341, 294(b), 336, 427, 307 and 506(ii) IPC. Earlier, the petitioner, moved a petition in Crl.O.P.No.20032 of

2016 and M.P.No.1 of 2015 to quash and the same was closed by the order of this Court on 11.08.2015 directing the respondent police to complete the investigation and file a final report.

4. According to the petitioner, so far, the first respondent has not taken up the case for investigation and has not come forward to file a final report.

5. The learned Additional Public Prosecutor submitted that the investigation is already over. As there is no Presiding Officer posted in jurisdictional Court, the final report could not be filed and the Metropolitan Magistrate No.X, Chennai, is in charge for the Metropolitan Magistrate No.II, Chennai.

6. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

7. In view of the above circumstances, the respondent police is directed to complete the investigation and file a final report in Crime No.204 of 2014, as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order. On such filing of the final report, the learned Metropolitan Magistrate No.X, Chennai, who is in charge, is directed to consider the final report and pass appropriate orders.

8. With the above said direction, the Criminal Original Petition is ordered accordingly.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.Inspector of Police, G-2, Periamet Police Station, Periamet, Chennai 3 Cr.No.204/2014.

2. The Metropolitan Magistrate No. X, Allikulam Commercial Complex, Park Tam, Chennai-3.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.N. Subramanian, Advocate in Sr. 12824 Crl.O.P.No.3801 of 2017 BR(CO) Vr(23/03/2017)