P.Gunasekaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.4047 of 2016 P.Gunasekaran ... Petitioner Vs.

State rep. by The Inspector of Police, Anuppar Palayam Police Station, Thirupur.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to enquire and file a final report to the appropriate Court in Cr.No.393 of 2012 on the file of the respondent police.

For Petitioner : Mr.M.R.Radhakrishnan For Respondent : Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the respondent to investigate and file a final report in Cr.No.393 of 2012 for the offences under Sections 420, 294(b) and 506(i) of IPC 2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the respondent. As per the order of this Court dated 01.03.2016, the respondent/Investigating Officer is present today before this Court.

3.The learned counsel for the petitioner submitted that even though a case has been registered by the respondent police on the basis of the petitioner's complaint dated 05.07.2011 in Cr.No.393 of 2012 for the offences under Sections 420, 294(b) and 506(i) of IPC, the respondent has not shown any interest to investigate the matter and file a final report. Hence, the petitioner has come forward with this petition for the above stated relief.

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4.The learned Additional Public Prosecutor filed a status report stating that investigation is going on. It is submitted by the learned Additional Public Prosecutor that even though the accused had parted with the amount, the petitioner has not produced any document to substantiate his case and hence, the case is kept pending. He further submitted that a direction may be given to the petitioner to co-operate with the enquiry and produce the relevant documents. 5.Considering the rival submissions made on both sides, the petitioner has not appeared for enquiry and produced the relevant documents, however, the respondent police is directed to expedite the investigation and file a final report within a period of three months from the date of receipt of a copy of this order. The petitioner is directed to co-operate for enquiry along with the relevant documents.

6.With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar DP To

1. The Inspector of Police, Anuppar Palayam Police Station, Thirupur.

2. The Public Prosecutor High Court, Chennai.

+1cc to Mr.M.R.Radhakrishnan, Advocate, S.R.No.15128 Crl.O.P.No.4047 of 2016 SVI(CO) CA(22/03/2016) https://hcservices.ecourts.gov.in/hcservices/