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Madras High CourtCRL OP/13362/2016closed

Kanniammal v. The Inspector Of Police

2016-08-01Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.13362 of 2016 Kanniammal ...

Petitioner Vs The Inspector of Police, M-5 Police Station Ennore, Ennore, Chennai - 57.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent police to file a final report in Crime No.64 of 2003 on the file of the M-5 Ennore Police Station, Ennore within a time frame fixed by this Hon'ble Court.

For Petitioner :J.A.Mechail Kanistan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent police to file a final report in Crime No.64 of 2003.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. It is seen that the petitioner lodged a complaint dated 12.03.2003 stating that her husband Duraisamy went missing from 12.11.1993. Based on the complaint, the respondent police registered a case in Crime No.64 of 2003 for man missing and investigation is pending.

4. In a case of this nature, the police cannot close the FIR and it has to be kept open till the person found to be dead or alive. As regards the claim of the petitioner for the service benefits of the missing person, it has to be worked out only before the Civil Forum.

https://hcservices.ecourts.gov.in/hcservices/

With the above observation, the criminal original petition is closed.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Inspector of Police, M-5 Police Station Ennore, Ennore, Chennai - 57.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.J.A.Michal, advocate,sr.43271.

kgk(co) krd 18/8 Crl.OP.No.13362 of 2016 https://hcservices.ecourts.gov.in/hcservices/