K.Kathirvel v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.9858 of 2015 K.Kathirvel .. Petitioner Vs.

The State rep. by 1.The Superintendent of Police, O/o. The Superintendent of Police, Villupuram District.

2.The Inspector of Police, Economic Offences Wing II, S.P. Office Campus, Villupuram District.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the second respondent/police herein i.e., the Inspector of Police, Economic Offence Wing II, S.P. Office Campus, Villupuram District to file the final report pertaining to the petitioner's complaint dated 11.10.2010 which was registered in Crime No.10 of 2011 under Section 420 of IPC pending on the file of the second respondent/police herein.

For Petitioner :Mr.B.Ganesha Moorthy For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed praying to direct the second respondent/police to file the final report in Crime No.10 of 2011 under Section 420 of IPC pending on the file of the second respondent/police.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. On the summons issued by this Court, Mr.K.Selvakumar, the Inspector of Police, Economic Offence Wing II, Superintendent of Police Office Campus, Villupuram District is present.

4. The learned Additional Public Prosecutor, on instructions from the said Inspector of Police, submits that the case in Crime No.10 of 2011 was not registered by the Economic Offence Wing-II, Villupuram District.

5. It is seen that the same petitioner had filed Crl.OP.No.26194 of 2010, for a direction to the Inspector of Police, Economic Offence Wing-II, Villupuram District, to complete the investigation in Crime No.10 of 2011 and file a final report. When the case came up for hearing on 22.02.2011, this Court has passed the following order : "2. The learned Government Advocate (Criminal side) submitted that the second respondent police has registered a case in Crime No.10 of 2011 dated 08.02.2001 under Section 420 of IPC and the second respondent police will complete the investigation and file the final report within a period of three months.

6. The learned Additional Public Prosecutor submits that the case in Crime No.10 of 2011 was actually registered by the Inspector of Police, Nallan Pillaipetral Police Station, Villupuram District and Mr.V.Tamilvanan, Inspector of Police, Nallan Pillaipetral Police Station, produced the case diary in Crime No.10 of 2011, which very clearly shows that the FIR itself was registered by Nallan Pillaipetral Police Station, Villupuram District and not by the Economic Offence Wing-II, Villupuram District, as contended by the petitioner.

7. Thus, it is apparent that the earlier order in Crl.OP.No.26194 of 2010 was passed by this Court on 22.02.2011 erroneously directing the Inspector of Police, Economic Offence Wing-II, Villupuram District, to complete the investigation in Crime No.10/2011 within a period of three months.

8. Since this confusion has been settled, the Inspector of Police, Economic Offence Wing-II, Villupuram District is discharged.

9. In the result, this Court directs the Inspector of Police, Nallan Pillaipetral Police Station, Villupuram District, to expeditiously complete the investigation in Crime No.10/2011 and file a final report before the concerned Magistrate within six months from the date of receipt of a copy of this order.

10. Registry is directed to mark a copy of this order to the Inspector of Police, Nallan Pillaipetral Police Station, Gingee Taluk, Villupuram District.

11. With the above direction, this Criminal Original Petition is closed.

ds s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police, O/o. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Economic Offences Wing II, S.P. Office Campus, Villupuram District.

3. The Inspector of Police, Nallan Pillaipetral Police Station, Gingee Taluk, Villupuram District.

4. The Public Prosecutor High Court, Madras.

+ 1 cc to Mr.B.Ganeshamoorthy, Advocatge SR 37120 rj(co) prk7/8 Crl. O.P. No.9858 of 2015