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Madras High CourtCRL OP/28356/2022disposed of

Pasupathi G K v. State Rep By Superintendent Of Police, Salem

2022-11-21Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA Pasupathi G K ... Petitioner Vs.

1.State represented by Superintendent of Police, Salem District.

2.State represented by Inspector of Police, Attaiyampatti Police Station, Salem District - 637 501.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to file the final report concerned in Crime No.343/2015 on the file of the Attaiyampatti police station within the time framed by this Court and direct the 1st respondent to monitor the investigation done by the 2nd respondent and submit a report. For Petitioner : Mr.N.Baskaran For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

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This Criminal Original Petition has been filed to direct the 2nd respondent to file the final report in Crime No.343/2015 pending on the file of the second respondent within the time framed by this Court.

2. The learned counsel for the petitioner submitted that despite the matter pertains to the year 2015, so far investigation has not been completed. On the complaint given by the petitioner, a case has been registered by the second respondent in Cr. No.343/2015 for the offences under Section 279, 304A & 337 IPC.

3. It is deplorable to note that the case has been registered in the year 2015 but charge sheet has not been filed so far. Since the petitioner will suffer the limitation under Section 468 Cr.P.C. due to lapse on the part of the investigation agency, I feel it is appropriate to direct the second respondent to file charge sheet within a time frame.

4. Accordingly this Criminal Original Petition is allowed with a 2/4

direction to the second respondent to file charge sheet in Cr. No.343/2015 and a petition under Section 473 Cr.P.C., if necessary, within a period of one month from the date of receipt of a copy of this order. 21.11.2022 Index : Yes/No Speaking Order : Yes / No bkn To:

1.The Superintendent of Police, Salem District.

2.The Inspector of Police, Attaiyampatti Police Station, Salem District - 637 501.

3.The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J., bkn 21.11.2022 4/4