A.Sivalingam, v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.5097 of 2019 A.Sivalingam ... Petitioner /Vs./

1. The Superintendent of Police, Pudukottai.

2. The Inspector of Police, Ponnamaravathi Police Station, Ponnamaravathi, Pudukottai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to complete the investigation in Crime No.177 of 2010 dated 31.07.2010 pending investigation on the file of the second respondent and to lay the final report within the stipulated time.

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This petition is filed to direct the 2nd respondent to complete the investigation in Crime No.177 of 2010 dated 31.07.2010 pending investigation on the file of the second respondent and to lay the final report within the stipulated time.

2. On the face of it, it appears that limitation under Section 468 Cr.P.C., may intervene. In all such circumstances, the trial Court is directed to ensure that the compliance of 473 Cr.P.C., in which case the learned Magistrate is directed to issue notice both to the accused as well as to the de facto complainant before deciding to take cognizance.

3. Accordingly, this criminal original petition is disposed of. sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To https://hcservices.ecourts.gov.in/hcservices/

1. The Superintendent of Police, Pudukottai.

2. The Inspector of Police, Ponnamaravathi Police Station, Ponnamaravathi, Pudukottai District.

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

+1 CC to Mr.R.RAJARAMAN, Advocate ( SR-59153[F] dated 05/04/2019 ) Crl.O.P.(MD)No.5097 of 2019 04.04.2019 sm MK/DS (03.05.2019) 3P 5C https://hcservices.ecourts.gov.in/hcservices/