Gayathri v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.09.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20924 of 2015 Gayathri ... Petitioner Vs State rep by The Inspector of Police, B-2, Crime Police Station, Coimbatore District.

... Respondent Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent to file final report for the offences under Sections 406, 420 IPC in connection with Crime No.399 of 2013 on the file of the respondent herein. For Petitioner : Mr.I.Abrar Md Abdullah For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent to file final report in Crime No.399 of 2013.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondent and perused the materials placed on record.

3. The respondent police have filed Status Report, wherein, in paragraph Nos.6,7,8 and 9, it is stated as follows: "6. It is submitted that during the course of the investigation i.e. On 1.5.2015, I took charge as Inspector of Police of the respondent police station and continued

the further investigation of the case.

During the course of the investigation, I examined the following witnesses and recorded their statements;- 1.Tmt.Parimala, the de facto complainant.

2.Tmt.Selvi @ Pushpalatha, witness.

3.Tr.Veerasamy, witness.

4.Tr.Selvaraj, witness.

5.Tr.Senthikumar, witness.

6.Tr.Kalimuthu, witness.

All the above witnesses have stated about the facts of the case i.e., amount given to the accused through de facto complainant and they also corroborated the same version as stated by the de facto complainant in her complaint.

7. It is submitted that during the course of the investigation, i.e., on 1.5.2015, I collected the document from the de facto complainant i.e., a bond with regard to the collection of money from the de facto complainant, Tmt.Parimala by the accused [A1], Tmt.Gayathri, for the purpose of investigation.

8. It is submitted that the other remaining accused persons, viz. A-4 to A-7 are still absconding. However, the respondent police is taking our sincere and effective steps continuously in order to apprehend the accused persons directly by me and also through the special team, headed by Tr.Duraisingh, along with Tr.Jaganathan, the Special Sub Inspectors of Police, for the purpose of investigation.

9. It is submitted that now the investigation is in a crucial stage. Still the respondent police have to do the following:

- Several witnesses have to be enquired in order to unearth the real facts of the case.

- Relevant vital documents are also to be collected from various levels including from the petitioner and also from the accused concerned.

- The accused persons [A-4 to A-7] have to be apprehended and they have to interrogated.

Only after completion of the above, the respondent police can proceed further in this case. Hence, for the above said reasons, the case is still under investigation."

4. Earlier, this petitioner approached this Court in Crl.OP.No.32529 of 2014 for a similar prayer and this Court, by order dated 15.12.2014, directed the respondent police to expedite the investigation. Under such circumstances, a similar order to expedite the investigation, may not bear fruits. Hence, the respondent police is directed to complete the investigation, within a period of six months, from the date of receipt of a copy of this order. With the above direction, this petition is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To 1.The Inspector of Police, B-2, Crime Police Station, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.J.Abrar MD Abdullah, Advocate Sr.57413 CRL.OP.No.20924 of 2015 mp[co] srg 5/10/2015