Pandiyarajan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Pandiyarajan ... Petitioner Vs

1. The State of Tamilnadu, Rep. by the Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police (Crime), Thallakulam Police Station, Madurai City.

Crime No. 2216/2017.

... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the respondents to file a final report in Crime No. 2216/2017 dated 01.12.2017 on the file of the second respondent police and proceed with the same as per law within the time stipulated by this Court.

For Petitioner : Mr.K. Vijayanand, For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents to file a final report in Crime No. 2216/2017 dated 01.12.2017 on the file of the second respondent police and proceed with the same.

2.According to the petitioner, he is the defacto complainant in this case and based on his complaint, the FIR in Crime No.2216 of 2017 has been registered for the offence under Sections 457 and 380 of IPC and thereafter, no investigation was conducted in a proper manner and final report has not been filed till date, thereby, the petitioner has already filed a petition in Crl.O.P(MD)No.3714 of 2022 before this Court, in which, by order dated 21.02.2022, the second respondent was directed to complete the investigation and file final report within a period of eight weeks from the date of receipt of a copy of that order. The said order has not been complied with by the respondent police and still they have not completed the investigation. Hence this petition has been filed. 3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that in this case, after investigation, final 2/5

report has been filed before the learned Judicial Magistrate No.II, Madurai, through online, vide E-filing No.CC202500229, dated 02.03.2025 and RCS notice was also served through postal to the petitioner, since the petitioner has filed the petition in Crl.O.P(MD)No. 3714 of 2022 and this Court directed the respondent police to complete the investigation and file final report within a period of eight weeks from the date of receipt of a copy of that order.

4.In reply, the learned Counsel for the petitioner would submit that after filing the present petition, the respondent police has filed the final report only on 02.03.2025.

5.The prayer of the petitioner is to direct the respondents to file final report within the stipulated time. It is an admitted fact that already this Court directed the second respondent to complete the investigation in this case within a period of eight weeks through order dated 21.02.2022, but the said order has not been complied. Since this Court also passed appropriate order to dispose of the case within a period of eight weeks and the final report also filed on 02.03.2025, no further orders required to be passed in this case. As far as the delay in filing the 3/5

final report is concerned, it is for the petitioner to take appropriate steps in accordance with law. Accordingly, this Criminal Original Petition is closed.

03.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The State of Tamilnadu, Rep. by the Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police (Crime), Thallakulam Police Station, Madurai City.

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

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P. DHANABAL, J.

LR 03.03.2025 5/5