C.R.Mutukkumar v. B.Somasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WPMP Crl.No.208 of 2025 in C.R. Muthukumar ... Petitioner

Versus

1. B. Somasundaram 2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 4.

3.The Commissioner of Police, Coimbatore City, Coimbatore - 641 018.

4.The Deputy Commissioner of Police, (Head Quarters), Police Commissioner Office, Coimbatore - 641 018.

5.The Inspector of Police, D-2 Police Station, Coimbatore City, Coimbatore. 6.The Inspector of Police, CCB-1, Coimbatore City, Coimbatore.

7. Saravanakumar

8. T. Selvaraj 1/6

9. Manikandan

10. Manimaran

11. Muthupandi ... Respondents PRAYER: Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, to recall the order dated 04.04.2025 passed by this Court in the Writ Petition in W.P.No.12322 of 2025. For Petitioner : Mr.Rajarathinam, Senior Counsel, for Mr. A. Ashwinkumar For R2 to R11 : Mr. A. Gopinath, Government Advocate (Crl.side) For R1 : Mr. R. Rajarajan

O R D E R

This petition has been filed seeking recall of the order dated 04.04.2025 passed in W.P.No.12322 of 2025 by this Court.

2. A perusal of the order dated 04.04.2025 shows that, without expressing any opinion on the merits of the writ petition, this Court had directed the fifth respondent in the writ petition/the Inspector of Police, CCB1, Coimbatore City, to complete the investigation in Crime No.200 of 2024 and to file a final report within twelve weeks from the date of receipt of a copy of the said order. In the meantime, the second respondent/the Commissioner of 2/6

Police, Coimbatore City, was directed to monitor the investigation conducted by the fifth respondent.

3. The learned Senior Counsel appearing for the petitioner/complainant submitted that, contrary to the directions of this Court, the investigation in Crime No.200 of 2024 was not transferred to the file of the fifth respondent/the Inspector of Police, CCB-1, Coimbatore City, and remains pending with the fourth respondent/the Inspector of Police, D-2 Police Station, Coimbatore City, despite obtaining the aforementioned order. Hence, the petition.

4. The learned Government Advocate appearing for the respondents/police submitted that, at the time of hearing of the writ petition, the case in Crime No.200 of 2024 was likely to be transferred from the file of the fourth respondent to fifth respondent. Based on this submissions made before this Court, this Court directed the fifth respondent/the Inspector of Police, CCB-1, Coimbatore City, to investigate the case and directed that such investigation be monitored by the second respondent/the Commissioner of Police, Coimbatore City.

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5. Further, it is submitted that, in compliance with the said order, the fifth respondent herein/the Inspector of Police, D-2 Police Station, Coimbatore City, transferred the entire investigation to the file of the sixth respondent herein/the Inspector of Police, CCB-1, Coimbatore City, on 10.06.2025. As of now, the investigation has been completed, and a positive final report against the accused is in the process of being filed. Therefore, there is absolutely no necessity to recall the order passed by this Court.

6. Heard the learned counsel appearing on either side and perused the materials available on record.

7. In view of the above submissions made by the learned Government Advocate (Crl.side) appearing for the respondents/State, and considering the fact that the investigation has been completed and the final report as against the accused in Crime No.200 of 2024 is yet to be filed, this Court finds no error in the order passed in W.P.No.12322 of 2025, dated 04.04.2025. 4/6

8. Accordingly, this Writ Miscellaneous Petition Criminal is dismissed.

9. However, this Court directs the sixth respondent herein/the Inspector of Police, CCB-1, Coimbatore City, to file the final report in Crime No.200 of 2024 within four weeks from the date of receipt of a copy of this order.

31.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order klt To 1.The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 4. 2.The Commissioner of Police, Coimbatore City, Coimbatore - 641 018. 4.The Deputy Commissioner of Police, (Head Quarters), Police Commissioner Office, Coimbatore - 641 018. 5.The Inspector of Police, D-2 Police Station, Coimbatore City, Coimbatore. 6.The Inspector of Police, CCB-1, Coimbatore City, Coimbatore.

5.The Public Prosecutor, High Court of Madras, Chennai. 5/6

G.K.ILANTHIRAIYAN, J.

klt WPMP Crl.No.208 of 2025 in 31.07.2025 (1/2) 6/6