Madras High CourtCRL MP(MD)/2574/2016ordered

The Superintendent Of Police v. M. Nambirajan

2016-03-29Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of March Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL MP(MD) No.2574 of 2016 IN CRL OP(MD) No.19003 of 2015 1 THE STATE REP.BY THE SUPERINTENDENT OF POLICE THOOTHUKUDI DISTRICT.

2 THE INSPECTOR OF POLICE SOUTH POLICE STATION, THOOTHUKUDI DISTRICT. PETITIONERS/RESPONDENTS Vs M. NAMBIRAJAN ... RESPONDENT/PETITIONER Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to accept the affidavit filed by the Petitioner and grant further 6 weeks time to file final report in Cr No. 224/2015 on the file of the south Police Station, Thoothukudi District in Crl. O.P. No. 19003 of 2015 dated 08.10.2015 ands thus render justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.A.P.Balasubramani, Government Advocate (Criminal Side) appearing for the petitioners/respondent Police and of Mr.A.W.D.

Tilak, Advocate for the respondent/petitioner, the court made the following order:- The petitioners / respondent Police have filed this criminal miscellaneous petition, under Section 482 of the Code of Criminal Procedure, seeking further six weeks of time to complete the investigation in Crime No.224 of 2015 and file a final report. 2.

Heard Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the petitioners / respondent Police and Mr.A.W.D.Tilak, learned counsel appearing for the respondent / petitioner.

3. The petitioners / respondent Police, in the accompanying affidavit, have stated that:

"5.It is humbly submitted that the fair investigation was going on in the above said crime Number. In the mean time the above said Petitioner / https://hcservices.ecourts.gov.in/hcservices/

Defacto Complainant has filed the Crl.O.P.MD No.19003 of 2015 to file a final report before this Hon'ble Court. To comply the said ordered, we have summoned the defacto complainant on 25.11.2015 and 08.01.2016. But the defacto complainant has never turned up and not giving co-operation for the investigation. 6.Moreover, it is submitted that, this case is based only on documentary evidence. So the vital documents are in the hands of Karur Vysya Bank, Tuticorin. So the Bank Manager in the said bank and other officials to be investigate in the case for strengthen up the material documentary evidence. So we need further Six weeks time to file the final report."

4. Taking into consideration the above facts, the second petitioner / second respondent Police is given three months time, from the date of receipt of a copy of this Order, to complete the investigation in Crime No.224 of 2015 and file a final report, as directed by this Court on 08.10.2015.

sd/- 29/03/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUPERINTENDENT OF POLICE,TUTICORIN.

2 THE INSPECTOR OF POLICE, SOUTH POLICE STATION,TUTICORIN.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to A.W.D.TILAK, Advocate SR.No.17905

ORDER

IN CRL MP(MD) No.2574 of 2016 IN CRL OP(MD) No.19003 of 2015 Date :29/03/2016 RG. SK-SKN-SAR-I 04.04.2016 2P/5C https://hcservices.ecourts.gov.in/hcservices/