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Madras High CourtWMP/30163/2019ordered

The Government Of Tamil Nadu v. Sivadas @ Kovan

2019-12-13Honourable Mr Justice M.Dhandapani2 pages

W.M.P.No. 30163 of 2019 in W.P.No. 36094 of 2015 W.M.P.No. 30163 of 2019 in W.P.No. 36094 of 2015 M.DHANDAPANI, J.

This miscellaneous petition has been filed seeking permission to grant further period of three months time to file final report in connection with Chennai CCB Crime No.439 of 2015.

2. The petitioner had filed a writ petition to quash the F.I.R in Crime No.439 of 2015 and further direct the third respondent to take appropriate action criminal / departmental as against the respondents 5 & 6. By order dated 08.02.2019, this Court had passed the following order:- "6. In view of the above discussion, this Court is not inclined to quash the FIR. However, considering the crime is of the year 2015, the fourth respondent is directed to complete the investigation in Crime No.439 of 2015 and file a final report within a period of three months from the date of receipt of copy of this Order, before the jurisdiction Magistrate, if not already filed."

3. The petitioner / respondent filed an affidavit stating that they have completed the investigation and prepared draft charge sheet U/s. 124(A), 153, 505(1)(b) and ( c) against the accused persons on 06.05.2019 and obtained http://www.judis.nic.in

W.M.P.No. 30163 of 2019 in W.P.No. 36094 of 2015 M.DHANDAPANI, J.

kkn approval from the Director of Prosecution on 06.05.2019 with a note to get previous sanction of the Government for prosecution in this case. Hence, the Government was addressed through the Commissioner of Police, Chennai vide letter dated 11.05.2019 to obtain sanction of prosecution and the same is pending before the Government and it is averred that the process of charge sheeting will be completed after obtaining the sanction of prosecution from the Government.

4. Considering the same, a further period of eight(8) weeks time is granted to file final report in connection with Chennai CCB Crime No.439 of 2015.

5. This miscellaneous petition is ordered with the above direction. 13.12.2019 kkn W.M.P.No. 30163 of 2019 in W.P.No. 36094 of 2015 http://www.judis.nic.in