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Madras High CourtCRL OP(MD)/2296/2025partly allowed

N.Ganeshkumar v. The State Of Tamil Nadu,

2025-02-06Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL N.Ganeshkumar ... Petitioner Vs.

1.The State Represented by its The Superintendent of Police, District Superintendent Police Office, Kanyakumari District.

2.The Inspector of Police, Asari Pallam Police Station, Kanyakumari District.

(Crime No.52 of 2024) ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the second respondent to conduct the investigation and to file the final report in connection with Crime No.52 of 2024 on the file of the second respondent police before the concerned Court and based on the petitioner's representation, dated 17.01.2025 within the stipulated time fixed by this Court and pass such further or other orders as this Court. 1/5

For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent to conduct the investigation and to file the final report in connection with Crime No.52 of 2024 on the file of the second respondent police before the concerned Court and based on the petitioner's representation, dated 17.01.2025.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is the de facto complainant in the case and he lodged a complaint before the respondents. Based on the complaint, FIR has been registered in Crime No.52 of 2024, dated 13.06.2024 for the offences under Section 379 of the Indian Penal Code, 1860. The respondent police have not completed the investigation within the time and still the investigation is pending and they have not filed any final report. Therefore, the petitioner filed the present 2/5

petition to direct the respondent police to file the final report within the stipulated time.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that they are awaiting report from the concerned lab and all other witnesses were examined. Therefore, seeks two months time to complete the investigation and to file a final report.

4. Heard the learned Counsels on either side and perused the materials available on record.

5. Considering the limited prayer sought for in the petition and already material part of investigation is over and also considering the date of registration of FIR, it is appropriate to direct the respondent police to complete the investigation, within a period of two (2) months from the date of receipt of a copy of this order and file final report immediately after completion of investigation.

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6. With the above said direction, this Criminal Original Petition stands allowed.

06.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, District Superintendent Police Office, Kanyakumari District.

2.The Inspector of Police, Asari Pallam Police Station, Kanyakumari District.

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

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P.DHANABAL, J.

BTR 06.02.2025 5/5