Madras High CourtCRL OP(MD)/16424/2015disposed of

Vijaya Chitra v. The Supdt. Of Police,

2015-08-26Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.08.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P.(MD).No.16424 of 2015 R.Vijayachitra : Petitioner Vs.

1.The Superintendent of Police, Tanjore District, Tanjore.

2.The Inspector of Police, Tanjore Medical College Hospital Police Station, Tanjore Medical College, Tanjore.

: Respondents PRAYER :

Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the second respondent to complete the investigation and to file the final report in Crime No. 319 of 2012.

For Petitioner : Mr.S.Vinod Sathya Lazar For Respondents : Mr.P.Kannithevan, Government Advocate (Criminal Side)

ORDER

The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, seeking a direction to the second respondent to complete the investigation and to file the final report in Crime No. 319 of 2012.

2. Heard the submissions made by the learned counsel appearing on either side.

3. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, a case has been registered in Crime No.319 of 2012 dated 16.08.2012 for the offences punishable under Section 307 IPC. However, the respondent has not shown any interest to investigate the matter and lay a final report. Hence, the petitioner has come up with the present petition for the relief as stated above.

4. At this juncture, the learned Government Advocate (Crl.side) would submit that the complaint has been given against the husband of the petitioner and another unidentified person.

5. On a perusal of FIR, it is seen that an unidentified person has assaulted the petitioner and even though the first accused has been arrested and in his custodial confession, he has https://hcservices.ecourts.gov.in/hcservices/

not disclosed the name of the second accused and investigation is going on and hence, he prayed for two months time to complete the investigation.

6. Considering the rival submissions and since the case has been registered on 16.08.2012 for the offence under Section 307 IPC and the name of the husband of the petitioner has been mentioned in the FIR and also unidentified person, in such circumstances, it is a fit case to give direction to the second respondent to file a final report within the stipulated time.

7. Accordingly, the second respondent is directed to complete the investigation in Crime No.319 of 2012 and file a final report on or before 15.10.2015.

8. The Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tanjore District, Tanjore.

2.The Inspector of Police, Tanjore Medical College Hospital Police Station, Tanjore Medical College, Tanjore.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.S.Vinod Sathya Lazar, Advocate Sr.No.49755 akm/01.09.2015 /2p-5c/ Order made in CRL.O.P.(MD).No.16424 of 2015 Dated:- 26.08.2015 https://hcservices.ecourts.gov.in/hcservices/