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Madras High CourtCRL OP/27355/2016disposed of

Devendra Kula Vellalar Sangam v. The Superintendent Of Police,

2016-12-23Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2016

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.27355 of 2016 Devendra Kula Vellalar Sangam rep. By its President A.M.Natarajan

...Petitioner/Complainant

Vs

1. The Superintendent of Police, Namakkal District, Namakkal.

2. The Inspector of Police, Namakkal Police Station, Namakkal Taluk & District.

...Respondents/Complainants

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to complete the investigation in Crime No.438 of 2016 on the file of the second respondent and file a final report within the time frame fixed by this Court. For Petitioner :

Mr.R.Thanjan For respondents :

Mr.C.Emalias, Addl. Public Prosecutor

ORDER

The present criminal original petition has been filed seeking a direction to the respondents to complete the investigation in Crime No.438 of 2016 on the file of the second respondent and file a final report within the time frame fixed by this Court.

2. It is the case of the petitioner that the petitioner sangam has given a complaint before the second respondent police on 18.9.2015 as against one Jalakshmi, Vangili and ten unknown persons. Since the second respondent refused to receive the same, the petitioner sangam approached this Court by

filing a petition in Crl.O.P.No.3131 of 2016 seeking a direction to the respondents to take action on its complaint dated 18.9.2015. In the said petition, this Court, by order dated 26.2.2016, directed the respondents to carry out true and proper investigation and register a case. Thereafter, based on its complaint dated 18.9.2015, the respondents registered a case in Crime No.438 of 2016 for the offence under Sections 147, 148, 355, 506(i) I.P.C. and under Section 31/5 of SC/ST Grievance of Atrocities Act, 2015.

However, thereafter, the second respondent police has not taken any steps to submit the final report. Hence, the present petition.

3. Learned Additional Public Prosecutor submitted that the Deputy Superintendent of Police, Namakkal, is the competent authority, but, he is not added as a party.

4. Considering the facts and circumstances of the case, though the Deputy Superintendent of Police, Namakkal, is not added as a party, this Court directs the Deputy Superintendent of Police, Namakkal, to complete the investigation in Crime No.438 of 2016 pending on the file of the second respondent police and file final report as expeditiously as possible. The Criminal Original Petition is ordered accordingly.

sd/ Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Namakkal District, Namakkal.

2. The Deputy Superintendent of Police, Namakkal.

3. The Inspector of Police, Namakkal Police Station, Namakkal Taluk & District.

4. The Public Prosecutor, High Court, Madras.

+1 CC To M/s. R. Thanjan, Advocate SR 75977 Crl.O.P.No.27355 of 2016 SA1 sp/18/1