Madras High CourtCRL OP(MD)/2724/2024closed

Pugalendhi v. The Inspector Of Police

2024-02-21Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Pugalendhi ... Petitioner/wife of de-facto Complainant Vs.

1.The Inspector of Police, Suchindram Police Station, Kanniyakumari District.

(In Crime No.111/2019) ...1st Respondent/Complainant 2.Sarath ...2nd Respondent/Accused Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the first Respondent to final report within a time frame limit as fixed by this Court for the offences under Sections 447, 294(b), 427 and 506(1) of IPC in Crime No.111 of 2019, pending before the Inspector of Police, Suchindiram Police Station, Kanniyakumari District in accordance with law.

For Petitioner : Mr.S.Karthikeyan For R-1 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking direction against the first Respondent to final report in Crime No.111 of 2019, pending before the Inspector of Police, Suchindiram Police Station, Kanniyakumari District in accordance with law.

2. It is the submission of the learned Counsel for the Petitioner that the petitioner gave a complaint to the first Respondent Police on 09.03.2019 against the second Respondent and other persons who accompanied him, whose identities known to the Petitioner, but names not known to the Petitioner. Based on the complaint, FIR was registered against the second Respondent in Crime No.111 of 2019 dated 09.03.2019 for the offences punishable under Sections 447, 294(b), 427 and 506(1) of IPC on the file of the Respondent Police. The learned Counsel for the Petitioner further submitted that there was a civil dispute pending before the Civil Court, Kanniyakumari District between the second Respondent's parents and the third parties. While so, the second Respondent is alleged to have trespassed into the house of the Petitioner and attacked the Petitioner and threatened her to vacate and hand over the vacant possession. The other persons who accompanied the second Respondent also 2/5

damaged the properties of the Petitioner in the house. Till date, the investigation had not been completed. Therefore, the Petitioner approaches this Court seeking direction to complete the investigation within a stipulated time.

3. The learned Government Advocate (Criminal Side) on instructions of the first Respondent would submit that after investigation, the complaint was closed as mistake of fact.

4. Recording the submission of the learned Government Advocate (Criminal Side), the Petitioner is directed to approach the learned Judicial Magistrate No.III, Nagercoil and file appropriate petition regarding the closure of the investigation. On filing of such petition, the learned Judicial Magistrate No.III, Nagercoil shall conduct enquiry and pass appropriate orders.

5. With the above direction, this Criminal Original Petition is closed. 21.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The Inspector of Police, Suchindram Police Station, Kanniyakumari District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 21.02.2024 5/5