Lawrece Salem Minz Aged 52 Yrs v. Aldin Justin Sundaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.24017 of 2016 Lawrence Salem Minz .. Petitioner Vs

1. Aldin Justin Sundaraj Warden, Hepzibah Hostel

2. The Inspector of Police Karunya Nagar Police Station Alathurai Police Station Circle, Coimbatore.

3. The Superintendent of Police, CB-CID Coimbatore Coimbatore.

..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 3rd respondent or any other appropriate investigation authority to look into in Crime No.19/2016 (on the file of 2nd respondent) to re-investigate the same and file final report.

For petitioner :

Mr.D.Jaganathan For R2 & R3 : Mr.C.Emalias Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the 3rd respondent or any other appropriate investigation authority to look into Crime No.19/2016, (on the file of 2nd respondent) to reinvestigate the same and file final report.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the Respondents 2 & 3.

3. Today, when the matter was taken up for hearing, learned Additional Public Prosecutor submitted that the investigation in Crime No.19/2016 has been completed and the closure report has been filed before the Tahsildar, Perur, Coimbatore District.

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4. It is alleged by the learned counsel appearing for the petitioner that the investigation is perfunctory and therefore, re-investigation has to be ordered.

5. This Court directs the Tahsildar, Perur, Coimbatore District to take photocopies of the entire records in Crime No.19/2016 and after retaining the same in his file, send the same to the jurisdictional Magistrate Court within two weeks from the date of receipt of a copy of this order. Liberty is given to the petitioner to file a protest application before the jurisdictional Magistrate within four weeks and the learned Magistrate is directed to deal with the same in accordance with the law as laid down by the Supreme Court in Vinay Tyagi Vs Irshad Ali reported in [2013 [5] SCC 762]. With the above direction, this petition is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar To

1. The Inspector of Police Karunya Nagar Police Station Alathurai Police Station Circle, Coimbatore.

2. The Superintendent of Police, CB-CID Coimbatore.

3. The Public Prosecutor, High Court, Madras.

4. The Tahsildar, Perur, Coimbatore District. +1 cc to Mr.D.jaganathan,advocate,sr.61630 skv(co) krd 15/11 Crl.O.P. No.24017 of 2016 https://hcservices.ecourts.gov.in/hcservices/