Durai, M/A 44 Years, v. The State Rep By Its,

Crl.O.P.Nos.12081/2018 & 14087/2017 M.NIRMAL KUMAR.,J This Court by the order dated 09.12.2021 directed the Assistant Commissioner of Police, Selaiyur, to conduct further investigation and directed to file an additional report before the trial Court with copy to this Court, on or before 23.12.2021.

2. Crl.O.P.No.14087 of 2017 is filed by the accused A2 & A3 seeking to quash the charge sheet No.2 of 2016 on the file of the Judicial Magistrate, Tambaram in pursuance of Crime No.122 of 2014 on the file of the first respondent Police Station.

3. Crl.O.P.No.12081 of 2017 is filed by the second respondent/defacto complainant/G.Manoharan seeking to order 1/4

reinvestigation in Crime No.122 of 2014 on the file of the Inspector of Police, S15, Selaiyur Police Station by any other independent investigation agency.

4. Both the petitioners were heard together and this Court on 09.12.2021 directed the Assistant Commissioner of Police, Selaiyur to conduct further investigation and file an additional report with copy to this Court, on or before 23.12.2021. Thereafter, when the case was listed on 20.01.2022, Crl.O.P.No.14087 of 2017 filed by the accused was dismissed as withdrawn recording, charge sheet filed, giving liberty to file fresh petition after going through the additional final report. As regards Crl.O.P.No.12081 of 2017, recording the Additional report before the trial Court to be filed on or before 23.12.2021 this petition disposed of on 20.01.2022.

5. Today, the learned Additional Public Prosecutor submitted that the additional report filed and the same not taken on file. On perusal of CD file, it is seen that the Assistant Commissioner of Police, Selaiyur, additional 2/4

report approval obtained and the final report submitted by the Special Public Prosecutor to the Mahila Court, Chengalpattu, on 22.02.2022. Earlier, on 09.12.2021 the Assistant Commissioner of Police, submitted his additional final report to the Special Public Prosecutor, Additional Mahila Court, Chengalpattu who approved the same on 11.02.2022. On 22.02.2022 giving reason for delay not completing the additional final report before 23.12.2021 given. The trial Court returned the additional final report for the reason, it is not filed before 23.12.2021 as per the orders of this Court. The explanation given not accepted and the trial Court refused to take the additional final report on file. Hence, they approached this Court.

6. Finding the reasons given by the Assistant Commissioner of Police, Selaiyur, for not completing, further investigation and filing of additional final report on 23.12.2021 seems to be reasonable and accepted. 3/4

M.NIRMAL KUMAR.,J dna

7. In view of the same, the trial Court is directed to take on file the additional final report filed by the Assistant Commissioner of Police without further delay, if it is otherwise in order. Thereafter, to proceed in accordance with law. The trial Court is reminded that the offence took place in the year 2014. Initial charge sheet filed in the year 2016. It is almost nine years from the date of occurrence. In view of the same, priority to be given and to complete the trial within a stipulated period. 17.03.2022 dna Note : Issue order copy on 17.03.2022 Crl.O.P.Nos.12081/2018 & 14087/2017 4/4

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