B.Zageer Basha, M/A 40 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.08.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19352 of 2018 B.Zageer Basha

...Petitioner

vs 1.

State rep. by The Inspector of Police Namakkal Police Station Namakkal.

2.

Tensing Crime no.432/2015 ... Respondents Criminal Original Petition has been filed under Section 482 Cr.P.C seeking a direction to the 1st respondent to apprehend and remand the respondent No.2/accused in Crime No.432 of 2015 on the file of the Namakkal Police Station.

For Petitioner : Mr.P.Rajavel For Respondents : Mr.C.Raghavan, Government Advocate (Crl. Side) For R1

O R D E R

This Criminal Original Petition has been filed seeking a direction to the 1st respondent to apprehend and remand the respondent No.2/accused in Crime No.432 of 2015 on the file of the Namakkal Police Station.

2. In view of the law laid down by the Supreme Court in Joginder Kumar Vs. State of Uttar Pradesh [(1994) 4 SCC 260], a direction as prayed for by the petitioner cannot be issued to the first respondent police to arrest the accused.

3. However, the first respondent police is directed to complete the investigation in Crime No. 432 of 2015 within a period of three months from the date of receipt of a copy of this order and either file a closure report or charge sheet, as the case may be, under due intimation to the de facto complainant, provided there is no other legal impediment.

https://hcservices.ecourts.gov.in/hcservices/

With the above direction, this petition is closed. Sd/- Assistant Registrar(Audit) //True Copy// Sub Assistant Registrar mk To 1.

The Inspector of Police Namakkal Police Station Namakkal.

2. The Public Prosecutor High Court, Madras.

+1 cc to Mr.P.Rajavel Advocate SR.NO. 52655 Crl.O.P.No.19352 of 2018 BR(CO) ASK(24/08/2018) https://hcservices.ecourts.gov.in/hcservices/