T.Gandhi, Aged 55 Years v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.19094 of 2018 & 12805 of 2021 and Crl.M.P.No.2039 of 2020 Crl.O.P.No.19094 of 2018:

1. Rajiv Raj

2. Rithesh Rai

3. Joseph Philips ... Petitioners Vs.

1.State rep. by the Inspector of Police, 2.Yaspal Sharma, Director, M/s.Radha Industries Private Ltd., No.39, Sambudoss Street, Chennai-1.

... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., to call for the records in Crime No.184 of 2018 pending investigating on the file of the first respondent and quash the same.

For Petitioners : Mr.Anantha Krishna K.P.

For Respondent : Mr.C.E.Pratap R1 Government Advocate (Crl.Side) Mr.B.Kumar R2 Senior Counsel For Mr.A.Ashwin Kumar

Crl.O.P.No12805 of 2021:

Yaspal Sharma

...Petitioner

Vs.

The Inspector of Police, Crime No184 of 2018

...Respondent

Prayer:

Petition filed under Section 482 of Cr.P.C., to issue a direction to the respondent police to complete the investigation in Cr.No.184 of 2018 and file a final report within a stipulated time. For Petitioner : Mr.B.Kumar Senior Counsel For Mr.A.Ashwin Kumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) COMMON ORDER Crl.OP.No.19094 of 2019 has been filed to quash the proceedings in in Cr.No.184 of 2018 on the file of the respondent police.

2. Crl.OP.No.12805 of 2021 has been filed to issue a direction to the respondent police to complete the investigation in Cr.No.184 of 2018 and file a final report within a stipulated time.

3. Heard the learned counsel for the petitioners as well as the learned Government Advocate for the respondents in both the petitions.

4. Though very many grounds have been raised in this petition, the learned counsel appearing for the petitioner in Crl.OP.No.19094 of 2019 submitted that this Court may permit the petitioner to place entire materials before the law enforcing agency at the time of enquiry and prays this Court to issue direction to the respondent Police not to harass the petitioners under the guise of enquiry.

5. The learned counsel appearing for the petitioner in Crl.Op.No.12805 of 2021 submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the law enforcing agency to expedite the investigation and file final report as early as possible.

6. In view of the limited relief sought for by the learned counsel appearing for the petitioners in both the petitions, this Court, without going into the merits of the case, issues a direction to the respondent Police to

conclude the enquiry in Cr.No.184 of 2018, within a period of twelve weeks from the date of receipt of a copy of this order and the respective parties shall also cooperate with the investigation and shall file the materials available with them at the time of enquiry and it is needless to state that the respondent police shall not harass the petitioner.

7. These Criminal Original Petitions are disposed of with the above observations. Consequently connected miscellaneous petition is closed. 30.09.2021 rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Inspector of Police, 2.The Public Prosecutor, Madras High Court.

M.DHANDAPANI,J.

rli Crl.O.P.Nos.19094 of 2018 & 12805 of 2021 and Crl.M.P.No.2039 of 2020 30.09.2021