R.Sasikumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2015 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.2123 of 2015 R.Sasikumar ... Petitioner Vs.

State rep. by Inspector of Police Vigilance and Anti-Corruption Chennai City-II, Adyar Chennai-600 020.

... Respondent Prayer:- Petition has been filed under Section 482 Cr.P.C. to direct the respondent to file a final report in Crime No.13/AC/2008/CC-II on the file of the respondent police within stipulated time. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.V.Arul Govt. Advocate (crl.side)

O R D E R

This petition is filed for a direction to the respondent to file a final report in Crime No.13/AC/2008/CC-II on the file of the respondent police within stipulated time.

2.Learned counsel for the petitioner submitted that on the basis of the complaint given by the petitioner, a case in Crime No.13/AC/2008/CC-II has been registered by the respondent on 06.08.2008. But they have not shown any interest in investigating the matter and to file a final report. Therefore, he has come forward with this petition to direct the respondent police to file the final report.

3.At this juncture, learned Government Advocate (Crl.side) seeks six months time for filling the final report, since the case has been registered under Section 13(2) read with 13(1)(e) of Prevention of Corruption Act, 1988.

4.Heard the submissions made by both sides.

5.Admittedly, the case has been registered on 06.08.2008 on the basis of the complaint given by the petitioner. Since this matter is pending for seven years and no convincing reason has been assigned on the side of the respondent, it is a fit case for giving direction to the respondent police to complete the investigation and to file the final report. Therefore, the respondent police is directed to complete the investigation in accordance with law and file the final report within six months from the date of receipt of a copy of this order.

6.Accordingly, this Criminal Original Petition is ordered. kj 30.01.2015 This case having been posted on Monday, the sixteenth day of February, 2015, under the caption for "being mentioned" subsequent to the order of this court dated 30.01.2015 and made herein and in the presence of M/s. P.Chandrasekar, Advocate for the Appellant and of Mr.V.Arul, Government Advocate, Criminal Side on behalf of the respondent, the court made the following order: Today, the matter has been posted under the caption "for being mentioned" at the instance of the learned Government Advocate (Crl. Side).

2.On 30.01.2015, a direction was given to the respondent police to investigate the matter and file a final report within six months from the date of receipt of a copy of the order. 3.Today, the learned Government Advocate (Crl. Side) has filed a memo stating that already investigation was completed and final report has been filed as action dropped. Hence, he prays for incorporating the same in the order passed by this Court on 30.01.2015.

4.On the date of passing the order i.e. On 30.01.2015, nothing has been mentioned and hence, they are directed to act in accordance with law. In such circumstances, I am of the view that there is nothing to be mentioned in the order dated 30.01.2015. Sd/- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar

To 1.The Inspector of Police Vigilance and Anti-Corruption Chennai City-II, Adyar Chennai-600 020.

2.The Public Prosecutor High Court, Chennai.

+ 1 cc to Mr.P.Chandrasekar, Advocate SR 5022 Crl.O.P.No.2123 of 2015 mg(co) UG {CO} prk4/2 PSI 26.02.2015