Madras High CourtCRL OP(MD)/3887/2019disposed of

P.Ramamoorthy v. The Inspector Of Police

2019-03-14Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD).No.3887 of 2019 and Crl.M.P.(MD).No.2299 of 2019 P.Ramamoorthy ... Petitioner / Accused No.6 Vs.

1.The State represented by the Inspector of Police, Commercial Crime Investigation Wing (CCIW), Thoothukudi, Thoothukudi District.... Respondent /Complainant (Crime No.1 of 2016) 2.T.Shanmugavalli The Deputy Registrar of Co-operative Societies, Agro Engineering Services, Cheppakkam, Chennai.

...Respondent / De facto

complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the First Information Report bearing Crime No.1 of 2016, on the file of the Inspector of Police, Commercial Crime Investigation Wing (CCIW), Thoothukudi, Thoothukudi District and subsequently quash the same as illegal, erroneous and devoid of merits.

For Petitioner: Mr.S.Palani Velayutham For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side)

O R D E R

The petitioner is now aged about 72 years seeks to quash a case in Crime No.1 of 2016, for the offences under Sections 406, 408 and 420 I.P.C, on the file of the first respondent Police. 2.The learned Counsel appearing for the petitioner submitted that the offences alleged in the First Information Report is of the year 1993 and there is an inordinate delay in that part.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government Advocate (Crl. side) submitted

that the investigation is completed and a final report can be laid at any time.

4.If there is any delay in laying a final report within the meaning of Section 468 Cr.P.C, the Trial Court is directed to issue notice to the accused for opposing any request by the prosecution to condone the delay. Secondly, this apart, the petitioner will also be at liberty to challenge the final report as and when the final report is laid, if there are grounds exist. 5.In view of the above, the Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Inspector of Police, Commercial Crime Investigation Wing (CCIW), Thoothukudi, Thoothukudi District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-54708[F] dated 18/03/2019 ) TSG Crl.O.P.(MD).No.3887 of 2019 14.03.2019 KM/(15.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/