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Madras High CourtCRL OP(MD)/3857/2021disposed of

R.Kesavaraj(Wrongly Mentioned As Kesavan In Fir) v. The Inspector Of Police

2023-06-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.06.2023

CORAM

The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD. No.3857 of 2021 R.Kesavaraj

...Petitioners/Accused No.2

Vs

1. The State Rep.by its The Inspector of Police Sedapatti Police Station, Madurai District, (Crime No.171/2013) Respondent/Complainant

2. R.Balagurusamy Respondent/Defacto Complainant

3. The Deputy Superintendent of Police, Peraiyur Taluk, Madurai District.

(suo motu impleaded as third respondent on 21.06.2023) Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR in Crime No.171/2013 on the file of the respondent police and Quash the same as illegal as against the Petitioner/Accused no.2 is concerned.

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For Petitioner : M/S.Jeyakumaran .J For Respondent No.1 : Mr. R.Suresh Kumar, Govt.Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.171 of 2013 on the file of the respondent police and Quash the same as illegal as against the Petitioner/Accused no.2 is concerned.

2. In spite of the direction that was issued by this court, dated 31.07.2019 in Crl.O.P(MD).No.10845 of 2019, to file a final report within a period of one month, even after a lapse of four years, the order has not been complied with by the respondent police. In such circumstances, the petitioner has filed the present petition seeking quashment of FIR stating that in spite of the direction given by this Court even after the lapse of four years no progress in the investigation.

3. Let the entire file be handed over to the Deputy 2/4

Superintendent of Police, Peraiyur Taluk, Madurai District and on receiving the same, the Deputy Superintendent of Police, Peraiyur Taluk, Madurai District is directed to complete the investigation within a period of three months. The Deputy Superintendent of Police, Peraiyur Taluk, Madurai District is suo motu impleaded as third respondent in this petition.

4. With the above direction, this Criminal Original Petition is disposed of.

21.06.2023 Index : Yes / No Internet: yes / No trp To 1.The Inspector of Police Sedapatti Police Station, Madurai District,

2. The Deputy Superintendent of Police, Peraiyur Taluk, Madurai District

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

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G.ILANGOVAN,J trp CRL OP(MD. No.3857 of 2021 Date : 21.06.2023 4/4