Pinky v. The City Commissioner Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.8466 of 2017 IN CRL OP(MD) No.18819 of 2012 PINKY ... PETITIONER Vs 1 THE CITY COMMISSIONER OF POLICE, NEW DELHI.
2 THE DIRECTOR GENERAL OF POLICE TAMILNADU, CHENNAI -600 004.
3 THE SUPERINTENDENT OF POLICE TIRUCHIRAPALLI DISTRICT, OFFICE OF SUBRAMANIAPURAM, TIRUCHIRAPALLI-20 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUVERUMBUR, TIRUCHIRAPALLI DISTRICT.
RESPONDENTS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the respondent No.1 to forward the original CD File from Rajouri Garden Police Station, West District, New Delhi and further direct the Respondent 2 to 4 to take action to get back and complete the investigation in the said case and file a final report before the court concerned as expeditiously as possible. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.R.NARAYANAN, Advocate for the petitioner and of MR.K.ANBARASAN, Government Advocate(Crl.
Side) on behalf of the Respondents the court made the following order:- The petitioner filed this Criminal Miscellaneous Petition for a direction to the first respondent to forward the CD file from Rajouri Garden Police Station, West District, New Delhi and further direct the respondents 2 to 4 to take action to get back and complete the investigation in the said case and file a final report before the Court concerned as expeditiously as possible.
2. In the earlier occasion, the petition in Crl.O.P.(MD). No.18819 of 2012, was filed under Section 482 Cr.P.C., to quash the
FIR in Crime No.19 of 2010, on the file of the Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District. However, after elaborate discussion, this Court in its order, dated 02.11.2016, directed the Commissioner of Police, New Delhi to return the entire case file to the first respondent, the Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District and further directed the first respondent that on receipt of the same, the first respondent shall investigate the case in accordance with law and file a final report before the court concerned as expeditiously as possible.
3. The learned counsel for the petitioner would submit that though the petitioner herein arrayed as second respondent/defacto complainant in the said petition, filed this miscellaneous petition in the said Criminal Original Petition in Crl.O.P.(MD).No.18819 of 2012, he restricted his claim to issue a direction to the concerned respondents to comply the order passed by this Court in the said petition, dated 02.11.2016.
4. The learned counsel appearing for the intervenor conceded the limited request made by the learned counsel for the petitioner in the miscellaneous petition.
5. The learned Government Advocate (Crl.side) appearing for the State on instructions, would submit that as per the direction of this Court, the Commissioner of Police, New Delhi forwarded the CD file directly to the Superintendent of Police, Trichy. However, the file was returned back to the Commissioner of Police, New Delhi, with a request to send the file through the Director General of Police, Tamil Nadu. Since the procedure may take sometime, the learned Government Advocate (Crl. side), seeks further time to complete the said procedure.
6. Considering the above submissions, this Court directs the first respondent to complete the said procedure within a period of two months from the date of receipt of a copy of this order and also directs the respondent Nos. 2 to 4 to complete the investigation and to file the final report as expeditiously as possible. Accordingly, this Criminal Miscellaneous Petition is closed. sd/- 08/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE CITY COMMISSIONER OF POLICE, NEW DELHI.
2 THE DIRECTOR GENERAL OF POLICE TAMILNADU, CHENNAI -600 004.
3 THE SUPERINTENDENT OF POLICE TIRUCHIRAPALLI DISTRICT, OFFICE OF SUBRAMANIAPURAM, TIRUCHIRAPALLI-20 4 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TIRUVERUMBUR, TIRUCHIRAPALLI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.T.BANUMATHY Advocate SR.No.92371
ORDER
IN CRL MP(MD) No.8466 of 2017 IN CRL OP(MD) No.18819 of 2012 Date :08/12/2017 MKV-CM-VR-SAR 4/18.12.2017/3P-7C