Madras High CourtCRL OP/5882/2017disposed of

Dr.G.Jeyachandran, v. State Rep. By

2017-04-12Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.5882 of 2017 Dr.G.Jeyachandran ... Petitioner Vs State represented by the Inspector of Police (L&O), EOW-II, Salem District.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent to file final report in Crime No.3 of 2015 on the file of the respondent police. For Petitioner :

Mr.D.Bennington For Respondent :

Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent police to file a final report in Crime No.3/2015 pending on his file.

2. The case of the petitioner is that as against one Udhayachandran, he has lodged a complaint before the Superintendent of Police, EOW-II, Salem, who, in turn, forwarded the same to the respondent. Thereafter, a FIR in Crime No.3 of 2015 came to be registered for the offences punishable under Sections 406, 420 and 506(ii) IPC on 09.04.2015. However, till date, final report was not filed. Hence, this petition.

3. On the other hand, the learned Additional Public Prosecutor, who took notice for the respondent, submitted that in Crime No.3/2015, the respondent is unable to complete the investigation, due to non-co-operation of the petitioner. Learned Additional Public Prosecutor further submitted that the petitioner has stated different address with regard to his place of residence.

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4. Heard both sides and perused the records.

5. Admittedly, the case is pending with the respondent police from 2015, which is, according to the learned Additional Public Prosecutor, due to non-cooperation of the petitioner. This Court is inclined to accept the same, as the petitioner has in the complaint, stated his place of residence at Chennai, whereas, in this petition, it has been stated that he is residing at Kanyakumari. When such being the case, this Court, in order to give quietus to the issue involved herein, directs the petitioner to appear before the respondent police with necessary documents, if any, within a period of one week from the date of receipt of a copy of this order. On such appearance, the respondent police is directed to conduct enquiry and thereafter, file a final report in Crime No.3 of 2015, as expeditiously as possible, preferably, within a period of twelve weeks. It is made clear that if the petitioner fails to appear before the respondent police within the time stipulated by this Court, it is open to the respondent to proceed further as per law.

6. Accordingly, the Criminal Original Petition is ordered.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police (L&O), EOW-II, Salem District.

2.The Public Prosecutor, High Court, Madras.

+2CC to Mr. D. Bennington, Advocate Sr.No.22181 Crl.O.P.No.5882 of 2017 https://hcservices.ecourts.gov.in/hcservices/