S.Kandasamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.28918 of 2015 S.Kandasamy

...Petitioner/Defacto Complainant

Vs 1.The State, rep.by The Superintendent of Police, Villupuram District, Villupuram.

2.The Deputy Superintendent of Police, Kallakurichi, Villupuram District.

3.The Inspector of Police, Varanjaram Police Station, Kallakurichi Taluk, Villupuram District.

...Respondents/Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the third respondent to file a final report in Crime No.323 of 2011 under Section 294(b), 448, 355, 324 and 506(i) I.P.C. dated 25.12.2011, pending on the file of the 3rd respondent herein under the supervision of the second respondent. For Petitioner :

Mr.P.Gurunathan For respondents :

Mr.C.Emalias, Addl.Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the third respondent to file a final report in Crime No.323 of 2011 under Section 294(b), 448, 355,

324 and 506(i) I.P.C. dated 25.12.2011, pending on the file of the third respondent herein under the supervision of the second respondent.

2. In the petition, it is averred that the petitioner made a complaint to the third respondent police on 25.12.2011 against one Palaniammal and Veeraprakash and the same was registered in Crime No.323 of 2011 for the alleged offence punishable under Sections 294(b), 448, 355, 324 and 506(i) I.P.C. After registering the First Information Report, the third respondent has not taken any action against the accused person. Though the complaint was registered as early as in the year 2011, till date, there was no progress. Hence, the present petition.

3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that the matter was already closed by the learned Judicial Magistrate No.I, Kallakurichi, under Section 468(2) Cr.P.C. on the ground of limitation.

4. Since the case in Crime No.323 of 2011 was already closed, the prayer that has been made in this petition has become infructuous.

5. Hence, recording the submission made by the learned Additional Public Prosecutor that the matter was already closed by the learned Judicial Magistrate No.I, Kallakurichi, under Section 468(2) Cr.P.C. on the ground of limitation, the present criminal original petition is dismissed.

sd/- Assistant Registrar(J) /TRUE COPY/ Sub-Assistant Registrar sbi To 1.The Superintendent of Police, Villupuram District, Villupuram 2.The Deputy Superintendent of Police, Kallakurichi, Villupuram District

3.The Inspector of Police, Varanjaram Police Station, Kallakurichi Taluk, Villupuram District 4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.28918 of 2015 CO-GR JD 28/01/2016