Madras High CourtCRL OP(MD)/2841/2021disposed of

Kombaiah Thevar @ Paul v. The Superintendent Of Police

2021-02-24Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.2841 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.THARANI Crl.O.P.(MD)No.2841 of 2021 1.Kombaiah Thevar @ Paul 2.Esther

...Petitioners/Accused 3 &4

/Vs./ 1.The State of Tamil Nadu, Represented through The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub Inspector of Police, All Women Police Station, Nanguneri, Tirunelveli District.

...Respondents

(Crime No.9 of 2015) Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent police to file a final report in FIR in Crime No.9 of 2015, within the time stipulated by this Court.

For Petitioners : Mr.P.M.Vishnuvarthanan For Respondents : Mr.A.Robinson Government Advocate

ORDER

This petition is filed for a direction to the second respondent police to file a final report in Crime No.9 of 2015, within the time stipulated by this Court.

2.On the side of the petitioners, it is stated that a case against the petitioners (Accused Nos.3&4) under Sections 498 (A), 406, 294 (b) and 506 (i) IPC and Section 4 of Dowry Prohibition Act is pending before the second respondent from 27.09.2019 onwards and that no final report was filed and the petitioners prayed that the police may be directed to file a final report within the time to be stipulated by this Court.

3.On the side of the respondents, it is stated that final report in Crime No.9 of 2015 was filed and was taken on file as C.C.No.95 of 2016 before the Judicial Magistrate, Nanguneri and the summons were not served on the accused Nos.1 and 2. It is further stated that the case will be taken up for trial, after the appearance of the accused Nos.1 and 2 and the respondents prayed this petition to be dismissed.

4.It is seen that final report was already filed by the respondents and the same was taken on file. Summons were not served https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2841 of 2021 on accused No.1 and 2.

5.In the above circumstances, the respondents are directed to serve summons to the accused Nos.1 and 2, within a period of one month from the date of receipt of a copy of this order. 6.With the above directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

1. The Judicial Magistrate, Nanguneri 2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Sub Inspector of Police, All Women Police Station, Nanguneri, Tirunelveli District.

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

+1 CC to M/s.P.M.VISHNUVARTHANAN, Advocate ( SR-7394[F] dated 25/02/2021 ) Crl.O.P.(MD)No.2841 of 2021 24.02.2021 SSS(CO) KB(18.03.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2