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Madras High CourtCRL OP(MD)/732/2018disposed of

V.R.Palanisamy v. The Superintendent Of Police

2018-09-05Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.732 of 2018 V.R.Palanisamy

...Petitioner

Vs.

1.The Superintendent of Police, O/o.the Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, O/o.the Deputy Superintendent of Police, Devakkottai, Sivagangai District.

3.The Inspector of Police, Devakkottai Police Station, Sivagangai District.

(Crime No.311 of 2011)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., directing the respondent No.1 to conduct Fresh Investigation in Crime No.311 of 2011 dated 08.08.2011 on the file of the Respondent No.3 and file a final report before the Jurisdictional Magistrate within the time stipulated by this Court. For Petitioner :Mr.T.Lajapathiroy For Respondents :Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This Court has already passed an order in Crl.O.P.(MD) No.6563 of 2016, dated 25.04.2016 which is as follows: 3.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the police were not able to trace the accused in Cr.No.311 of 2011 and therefore, they have temporarily closed it as undetected. A copy of the closure report has been furnished to the learned counsel for the petitioner across the bar.

https://hcservices.ecourts.gov.in/hcservices/ 4.Recording the same, this Criminal Original

Petition is closed with a direction to the respondent police to re-open the case as and when the accused is apprehended.

2.Even after passing of the above said order, the respondent police is yet to apprehend the accused and therefore, the case yet to be reopened and investigated.

3.The Criminal Original Petition is disposed of with the direction to the third respondent to strictly comply with the earlier order passed by this Court Crl.O.P.(MD)No.6563 of 2016 and take effective steps to arrest the accused persons and reopen the case for further investigation.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-II) Ls To 1.The Superintendent of Police, O/o.the Superintendent of Police, Sivagangai District.

2..The Deputy Superintendent of Police, O/o.the Deputy Superintendent of Police, Devakkottai, Sivagangai District.

3.The Inspector of Police, Devakkottai Police Station, Sivagangai District.

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

+1cc to Mr.T.Lajapathy Roy, Advocate in SR No.82569 Crl.O.P.(MD).No.732 of 2018 NM/RSK/SAR 2/09.10.18/2P/6C https://hcservices.ecourts.gov.in/hcservices/