V.Muthukumaran v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26165 of 2015 V.Muthukumaran ..Petitioner Vs 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Thoppur Police Station, Thoppur, Dharmapuri District.

..Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondents to furnish the details of the progress of investigation in Crime No.700 of 2010, Thoppur Police Station, within a time to be stipulated by this Court.

For Petitioners :

Mr.M.Abhish for Mr.V.Nicholas For respondents :

Mr.C.Emalias, Addl.Public Prosecutor,

O R D E R

The present criminal original petition has been filed to direct the respondents to furnish the details of the progress of investigation in Crime No.700 of 2010, Thoppur Police Station, within a time to be stipulated by this Court. 2.The case of the petitioner is that the petitioner's brother- in law G.Saravanan, aged 24 years, was a student of 1st year Civil Diploma in Lakshminarayana Polytechnic, Savulur. On 27.11.2010, when he was writing his examination, the Inspector Squad caught him for having bit paper and he was taken to the office room and after obtaining his signature, he was sent out at 12.55 p.m. But, the said incident was not intimated to his parents. As he did not return home and the details regarding his whereabouts were not known to his father and the family

members. One Ganesan gave a complaint to the second respondent on 30.11.2010 and the case was registered in Crime No.700 of 2010. He further stated that no enquiry was conducted and no steps were taken for tracing out the said Saravanan, though three years had lapsed from the date of complaint. Therefore, the petitioner filed H.C.P.No.2555 of 2013 to produce the said Saravanan. By order dated 20.11.2013, this Court closed the petition with a direction to the respondents to proceed with the investigation and to inform about the progress made in the investigation to the petitioner. He also stated in the affidavit that one and half years have lapsed after the order passed by this Court in H.C.P.No.2555 of 2013, dated 20.11.

2013, no action has been taken to trace out his son and that no information has been informed to the petitioner about the progress made in the investigation as on date. Even though the petitioner has approached the second respondent on several occasions, the officials are evading in giving proper reply to him. The petitioner sent a petition dated 26.08.2015 to the Superintendent of Police, Dharmapuri District, requesting him to give details regarding the progress made in the investigation. But, there is no proper response from the respondents. Hence, the petitioner has filed the present criminal original petition. 3.I have heard the learned counsel appearing for the petitioner and the learned Additional public Prosecutor appearing for the respondents.

4.Considering the facts and circumstances of the case, this Court directs the respondent police to investigate the case in Crime No.700 of 2010 as expeditiously as possible and to inform about the progress made in the investigation periodically once in a two months. On completion of the investigation, the respondent police is further directed to file a final report as early as possible and also directed the petitioner to cooperate for enquiry. 5.With the above directions, this petition is disposed of.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ari

To 1.The Superintendent of Police, Dharmapuri District, Dharmapuri.

2.The Inspector of Police, Thoppur Police Station, Thoppur, Dharmapuri District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.V.Nicholas, Advocate, sr.65223 Crl.O.P.No.26165 of 2015 ca co kra 05.01.2016