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Madras High CourtCRL OP(MD)/1379/2024disposed of

Gopalakrishnan v. The Superintendent Of Police,

2024-01-31Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Gopalakrishnan ... Petitioner Vs.

1.The Superintendent of Police, Theni District.

2.The Inspector of Police, District Crime Branch, Theni.

(Crime No.31 of 2023)

...Respondents

(R-1 is suo motu impleaded vide Court Order dated 31.01.2024 in Crl.O.P.(MD).No.1379 of 2024).

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the Respondent to expedite the investigation in Crime No.31 of 2023 on the file of the Respondent and file final report within a time fixed by this Court. For Petitioner : Mr.P.Senguttuarasan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking direction against the Respondent Police to expedite the investigation in Crime No.31 of 2023 and file final report.

2. It is the further submission of the learned Counsel for the Petitioner that the matter involves land grabbing. The accused persons created forgery documents in order to grab the Petitioner's property. The Petitioner had given a complaint before the Inspector of Police, District Crime Branch. Based on the complaint, an FIR came to be registered in Crime No.31 of 2023 dated 04.09.2023 for the offences punishable under Sections 417, 419, 420, 465, 468, 471, 120B of IPC. Though the complaint had been registered on 04.09.2023, till date the Respondent Police has not taken any steps to expedite the investigation and file a final report. Hence, the Petitioner is seeking direction against Respondent Police to expedite the investigation in Crime No.31 of 2023 and file final report.

3. The learned Additional Public Prosecutor on instructions of the Respondent Police would submit that four persons were arrayed as Accused in 2/5

the aforesaid crime and two of them obtained Anticipatory Bail. He would further submit that this Court may suo motu implead the Superintendent of Police, Theni to investigate the case.

4. Considering the submissions by the learned Additional Public Prosecutor, this Court suo motu impleaded the Superintendent of Police, Theni District as first Respondent in this petition. The Superintendent of Police, Theni, is directed to nominate a senior officer in the cadre of Additional Superintendent of Police or Deputy Superintendent of Police to supervise the investigation in Crime No.31 of 2023, so that the investigation is completed within a reasonable period of four months from the date of receipt of a copy of this order.

31.01.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The Inspector of Police, District Crime Branch, Theni.

2.The Superintendent of Police, Theni District.

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

4/5

SATHI KUMAR SUKUMARA KURUP , J.

Nsr 31.01.2024 5/5