Madras High CourtCRL OP/24294/2016closed

M.Rajagopal, M/A-57 Years v. State Inspector Of Police

2016-11-18Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.24294 of 2016 M.Rajagopal

...Petitioner

Vs.

State : Inspector of Police (Crime) P-5, MKB Nagar Police Station, Chennai-600 039.

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C to direct the respondent to expedite the investigation and file the final report in Crime No.1759 of 2013 on the file of the respondent before the Court concerned within the stipulated time. For Petitioner :

Mr.P.Saravanan For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This criminal original petition has been filed to direct the respondent to expedite the investigation and file the final report in Crime No.1759 of 2013 on the file of the respondent before the Court concerned within a stipulated time.

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

3. Today, Mr.Suresh Babu, PC 31246, P5, MKB Nagar (Crime) is present.

4. The learned Additional Public Prosecutor submitted that the investigation in Crime No.1759 of 2013 was completed and the case has been closed as "undetected" on 07.11.2016. The closure report has also been filed before the V Metropolitan Magistrate, Allikulam on 07.11.2016.

5. The learned Additional Public Prosecutor further submitted that a lorry involved in this case was recovered by the police, but the police were not able to identify the accused and therefore, the case was closed as "undetected".

6. The learned counsel for the petitioner submitted that the original Registration Certificate book of the lorry is in the Court.

7. Under such circumstances, liberty is given to the petitioner to file return of property petition under Section 452 Cr.P.C and on such petition, V Metropolitan Magistrate is directed to pass orders on merits.

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

1. The Inspector of Police, (Crime) P-5, MKB Nagar Police Station, Chennai-600 039.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.*, Advocate, S.R.No. 66740 Crl.O.P.No.24294 of 2016 LRS (CO) PSI (05/12/2016)