V.Nandhakumar v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.2124 of 2024 V.Nandhakumar ... Petitioner Vs 1.The Commissioner of Police, Commissioner of Police Office, Trichy City, Trichy.

2.The Inspector of Police, Fort Police Station(Crime), Fort Crime P.S, Trichy District, Crime No.2771/2023.

3.The Inspector of Police,, Central Crime Branch, Trichy City.

...Respondents

(R3 is suo motu impleaded as per order of the Court, dated 12.02.2024 in Crl.Op(MD)2124 of 2024 by SSKJ).

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent to file final report in Crime No.2771/2023 on the file of 2nd respondent police within the stipulated period as may fixed by this Court. 1/6

For Petitioner : Mr.R.Sakthivel For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.side)

O R D E R

The petitioner/victim in Crime No.2771/2023 has filed this Criminal Original Petition, seeking a direction to the second respondent to file the final report in the above crime number, within a stipulated time.

2.The learned counsel for the petitioner submits that the respondent police has not conducted any investigation in the case, which was registered on 26.10.2023.

3.In earlier occasion, when this Criminal Original Petition was taken up for hearing, it was reported that the case in Crime No.2771 of 2023 was withdrawn by the Commissioner of Police, Trichy on 18.01.2024 from the file of the second respondent and the same was entrusted with the Central Crime Branch, Trichy. Considering the submission made on behalf of the respondent, this court has also added 2/6

the Inspector of Police, Central crime Branch, Trichy as a respondent to this petition, by order, dated 12.02.2024 and directed the newly impleaded respondent to appear before this Court along with the CD File on 19.02.2024. It appears that the case was not listed on 19.02.2024. Taking advantage of the same, the Inspector of Police, Central Crime Branch, Trichy has not filed any response to this petition. 4.The learned Government Advocate(Crl.side) appearing for the respondents submits that the case was received by the Inspector of Police, Central Crime Branch, Trichy only on 12.02.2024 and they have examined four witnesses. On investigation, they found that it is only a money dispute and the final report is yet to be filed. 5.This Court considered the rival submissions made and also perused the materials placed on record.

6.The Commissioner of Police, Trichy for some reasons, whether it is slackness on the part of the second respondent or for some other purpose, has transferred the investigation in Crime No.2771 of 2023 from the file of the second respondent and entrusted the same with 3/6

the Inspector of Police, Central Crime Branch, Trichy, by order dated 08.01.2024. In the event, if no case has been made out, the respondent police can very well close the case. The respondent police is not supposed to keep the case pending without any progress . 7.In view of the above, this Criminal Original Petition is disposed of with a direction to the respondent police to conclude the investigation and file the final report within a period of twelve weeks from the date of receipt of a copy of this order. 01.08.2024 NCC : Yes/No Index : Yes/No Internet:Yes vrn 4/6

To 1.The Commissioner of Police, Commissioner of Police Office, Trichy City, Trichy.

2.The Inspector of Police, Fort Police Station(Crime), Fort Crime P.S, Trichy District, Crime No.2771/2023.

3.The Inspector of Police,, Central Crime Branch, Trichy City.

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

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.2124 of 2024 01.08.2024 6/6