Dhanakodi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Dhanakodi ...

Petitioner /vs/ State Rep by, The Inspector of Police, Kunnam Police Station, Perambalur 621 708.

(Crime No.619/2021) ... Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C., to direct the respondent to complete the investigation and file the final report/charge sheet in Crime No.619/2021, pending on the file of the respondent police within a specific time frame as may be fixed by this Court.

For Petitioner : Ms.D.Kalaivani For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the respondent to complete the investigation and file the final report/charge sheet in Crime No.619/2021, pending on the file of the

respondent police.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 3.The learned counsel for the petitioner submitted that on 28.06.2021 at about 9.30 hours, when the petitioner was living along with her family members inside her house, the accused namely Prasanth, Papathi, Periyasamy, Gokulakrishnan, Thangarasu had trespassed into her house and abused her in filthy language; a case has been registered on the complaint given by the petitioner in Crime No.619 of 2021 for the offences under Sections 294(b), 323, 324, 447, 506(2) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

4. The grievance of the petitioner is that so far the investigation has not yet been completed and the charge sheet has also not been filed. It is eight months since the complaint has been given. It is further submitted that the petitioner informed the respondent that there was a grievous injury

on her hand and right eye. But the respondent did not take it very seriously. Even the penal provisions under which FIR has been registered, it is not seen whether the case has been registered under Sections 325 & 326 IPC. It is probably because the investigation officer can decide about the said provision only after receiving the wound certificate from the Doctor. Since the petitioner has sustained injuries on her vital parts like eye and fracture in the left shoulder, it is obligatory on the part of the respondent police to collect the wound certificate and complete the investigation and file a charge sheet within a period of two months.

5. This Criminal Original Petition is allowed with a direction to the respondent police to complete the investigation and file the final report / charge sheet in Crime No.619 of 2021, within a period of two months from the date of receipt of a copy of this order.

20.10.2022 Index: Yes/No Internet: Yes/No Speaking/Non speaking order gsk/shk R.N.MANJULA ,J.

gsk/shk To 1.The Inspector of Police, Kunnam Police Station, Perambalur 621 708.

2.The Public Prosecutor, High Court, Madras.

20.10.2022