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Madras High CourtCRL OP/11946/2018disposed of

D.Vijayabaskar, Aged 35 Years v. The State Rep. By

2018-04-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.11946 of 2018 D.Vijayabaskar

...Petitioner

Vs.

The State, Rep. By The Inspector of Police, G-1, Madurantakam Police Station, Madurantakam, Kanchipuram District ... Respondent Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondent herein to arrest/secure the accused in the above Crime No.980 of 2016 on the file of the respondent police herein.

For Petitioner : Mr.J.Ashok For Respondent : Mrs.P.Kritika Kamal, Government Advocate (Crl.Side)

O R D E R

This criminal original petition has been filed to direct the respondent to arrest/secure the accused in Crime No.980 of 2016 on the file of the respondent police.

2. On the complaint given by the petitioner, the case in Crime No.980 of 2016 has been registered for the offences under Sections 294(b), 323 and 506 (i) IPC.

3. The learned Government Advocate (Crl.side) submitted that the investigation has been completed.

4. In view of the law laid down by the Supreme Court in Joginder Kumar Vs. State of Uttar Pradesh [(1994) 4 SCC 260], a direction as prayed for by the petitioner cannot be issued to the respondent police to arrest the accused.

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5. However,the respondent police is directed to complete the investigation in Crime No.980 of 2016 and either file a final report or closure report as the case may be within a period of three months from the date of receipt of a copy of this Order.

6. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar lok To 1.The Inspector of Police, G-1, Madurantakam Police Station, Madurantakam, Kanchipuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.J.Ashok, Advocate, S.R.No.29924 Crl.O.P.No.11946 of 2018 kk[co] srg 17/05/2018 https://hcservices.ecourts.gov.in/hcservices/