Madras High CourtCRL OP/2325/2016disposed of

M.Mallika v. The Inspector Of Police

2016-02-03Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.2325 of 2016 M.Mallika .. Petitioner Vs.

The Inspector of Police Nallipalayam Police Station Namakkal District Crime No.237 of 2015 .. Respondent Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent to file a report with respect to the Crime No.237 of 2015 pending on the file of the respondent within a reasonable period.

For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.C.Emalias Additional Public Prosecutor

ORDER

The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to the respondent to investigate the matter and file a final report in Crime No.237 of 2015.

2. Heard the submissions made by the learned counsel appearing on either side.

3. The learned counsel for the petitioner would submit that his mother died in his brother's house, but without intimating the same to the petitioner, cremation has been done. Hence, he has lodged a complaint and on that basis, a case has been registered in Crime No.237 of 2015 for the offences punishable under Section 176 IPC. However, the respondent has not shown any interest to investigate the matter and lay a final report. Hence, the petitioner has come up with the present petition for the relief as stated above.

4. Resisting the same, the learned Additional Public Prosecutor would submit that the investigation is going on in a right direction and hence, he sought for six months time to investigate the matter and file a final report. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the submissions made on both sides and considering the fact that the case has been registered in Crime No.237 of 2015 on the basis of the complaint given by the petitioner stating that the mother of the petitioner died in her another son's house but without intimating the same to the petitioner, cremation has been done and also the fact that investigation is going on, the respondent is directed to complete the investigation in Crime No.237 of 2015 and file a final report, within a period of six months from the date of receipt of copy of this order.

6. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cse To 1.The Inspector of Police Nallipalayam Police Station Namakkal District 2.The Public Prosecutor High Court, Chennai.

+ 1 cc to M/s. R. Nalliyappan, Advocate sr.6931 Crl.O.P.No.2325 of 2016 MP(CO) Eu 10.02.16 https://hcservices.ecourts.gov.in/hcservices/