L.Tharmaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2015

CORAM:

THE HON'BLE MR.JUSTICE T.MATHIVANAN Crl.O.P.(MD) No.11268 of 2014 L.Tharmaraj ..Petitioner Vs.

1.The Superintendent of Police, Tirunelveli.

2.The Assistant Superintendent of Police, Tirunelveli.

3.The Inspector of Police, Achanpudhur Police Station, Tirunelveli District.

..Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 3rd respondent to complete the investigation and file the final report in the case in Crime No.74 of 2014 on the file of the 3rd respondent within a time frame, which may be fixed by this court.

For Petitioner : Mr.I.Suthakaran For Respondents : Mr.P.Kandasamy Government Advocate [Criminal side] *****

O R D E R

Invoking the provisions of section 482 of the Code of Criminal Procedure, this petition is filed by the petitioner seeking a direction to the third respondent viz., the Inspector of Police, attached to Achanpudhur Police Station, Tirunelveli District to complete the investigation and to file a final report, in connection with the case in Crime No.74 of 2014 within a time frame, which may be fixed by this court. 2.This court has heard Mr.I.Suthakaran, the learned counsel appearing for the petitioner and Mr.P.Kandasamy, the learned Government Advocate (Criminal side) appearing for the respondents. 3.The learned Government Advocate (Criminal side) has submitted that the investigation is in progress and six weeks time might be given to complete the investigation.

4.This court has perused the CD file maintained by the third respondent and on perusal of the CD file, this court finds that there is no progress in the investigation and it appears that though, the case was registered against two accused persons, they were trying to get anticipatory bail from this court. However, that petition was dismissed and it is also revealed that the case in Crime No.74 of 2014 was registered on 21.04.2014. After exhausting more than one year, still the respondent police is maintaining the representation that they are taking efforts to arrest the accused persons.

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5.Having regard to the related facts and circumstances of the case and taking into consideration of the date, on which the case was registered, this court finds that this petition can be allowed, on giving certain time limit to complete the investigation. 6.Accordingly, the third respondent, the Inspector of Police, attached to Achanpudhur Police Station, Tirunelveli District is directed to complete the investigation and file a final report before the concerned jurisdictional Magistrate within a period of four weeks from the date of receipt of a copy of this order. The first respondent, the Superintendent of Police, Tirunelveli is also directed to keep keen watch on the progress of the investigation, which may be carried by the third respondent.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli.

2.The Assistant Superintendent of Police, Tirunelveli.

3.The Inspector of Police, Achanpudhur Police Station, Tirunelveli District.

4.The Addl.Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.I.Suthakaran, Advocate in SR.115211 Crl.O.P.(MD) No.11268 of 2014 27.03.2015 er pbk/amf 09/06/2015 ::2p-6c:

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