Madras High CourtCRL OP(MD)/9453/2019disposed of

M.Asraf, v. The Inspector Of Police

2019-07-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.9453 of 2019 M.Asraf ... Petitioner/Defacto Complainant Vs.

State represented through the Inspector of Police, Sethu Bava Chathiram Police Station, Thanjavur, Crime No.64 of 2013

...Respondent/Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to expedite the investigation and file the final report in Crime No.64 of 2013 before the learned Judicial Magistrate, Pattukottai within the time stipulated by this Court.

For Petitioner : Mr.S.A.S.Alaudeen For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

This petition has been filed seeking direction to the respondent to complete the investigation and file a final report in Crime No.64 of 2013 pending on the file of the respondent.

2. The grievance of the petitioner is that based on the complaint given by the petitioner, a FIR in Crime No.64 of 2013 has been registered for the offences punishable under Sections 147, 294(b), 506(ii) IPC r/w 3(1) PPDL Act by the respondent police. Despite registration of FIR, the respondent police has not taken any action on the said complaint. Hence, the petitioner has filed the present petition.

3. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.Side), on instructions, would submit that the investigation in the case in Crime No.64 of 2013 has been completed and final report has also been filed before the learned Judicial Magistrate, Pattukottai and the same yet to be taken on file.

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4. Since the investigation in this case has been completed and final report has been filed before the concerned Magistrate, the relief sought for by the petitioner cannot be granted at this stage. Accordingly, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to pursue his remedy in the manner known to law.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate, Pattukottai 2.Inspector of Police, Sethu Bava Chathiram Police Station, Thanjavur, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.A.S.ALAUDEEN, Advocate ( SR-73457[F] dated 04/07/2019 ) ta Crl.O.P.(MD)No.9453 of 2019 04.07.2019 KM/(16.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/