Madras High CourtCRL OP(MD)/2234/2025disposed of

M.Gnanasekaran v. The State Of Tamil Nadu

2025-02-05Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P(MD)No.2234 of 2025 M.Gnanasekaran ... Petitioner Vs The Inspector of Police, Theni Police Station, Theni.

(Crime No.279 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), to direct the respondent police to conduct the enquiry into the Crime No.279 of 2023 on the file of the respondent and file a final report before the concerned court, within the time stipulated by this Court.

For Petitioner : Mr.C.Jeganathan For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This criminal original petition is filed by the petitioner to direct the respondent police to investigate the matter and file the final report in Crime No.279 of 2023 on the file of the respondent police, Page No. 1 of 4

within the time stipulated by this Court.

2. The learned counsel for the petitioner would submit that the petitioner is the defacto complainant, and the petitioner and his brother got license for running a business for selling grocery items. During the course of business, the accused misappropriated a sum of Rs.11,42,775/- from the petitioner's shop and thereafter, they agreed to repay the entire amount on 05.03.2023, but they have not repaid the said amount. Therefore, he lodged a complaint before the respondent police. Based on the complaint, the respondent police registered a case in Crime No.279 of 2023 for the offences under Section 406, 407, 408, 420, 294 (b) and 506(1) of IPC on 06.06.2023, but no proper investigation was conducted and still, they have not filed the final report. Therefore, he filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondent would submit that in this case, the investigation is going on and they sent the disputed signature along with the admitted signature for comparison by the experts and therefore, there is a delay in obtaining opinion from the experts. However, they will Page No. 2 of 4

complete the investigation within a month.

4. In view of the above said assurance given by the learned Additional Public Prosecutor that they will complete the investigation within a month and taking into consideration of the facts and circumstances of the case, it is appropriate to direct the respondent to complete the investigation and file the final report with a period of one month from the date of receipt of this order. Accordingly ordered.

5. With the above said direction, this Criminal Original Petition is disposed of. No costs.

05.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac To 1.The Inspector of Police, Theni Police Station, Theni.

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

Page No. 3 of 4

P.DHANABAL , J.

mac Crl.O.P(MD)No.2234 of 2025 05.02.2025 Page No. 4 of 4