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Madras High CourtCRL OP(MD)/4279/2021allowed

V.S.Velayutham v. The Superintendent Of Police

2021-03-19Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD) No.4279 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Crl.O.P.(MD)No.4279 of 2021 V.S.Velayutham

...Petitioner/Victim

Vs.

1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The State rep. by Inspector of Police District Crime Branch, Tirunelveli, Tiruneveli District.

(In Crime No.17 of 2016) 3.Ganapathiraman

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent police to do effective investigation under the supervision of the first respondent and to file a final report against the accused persons in Crime No.17 of 2015 pending on the file of the District Crime Branch, Tirunelveli. For Petitioner : Mr.N.Dilipkumar For Respondents 1 and 2 : Mr.A.Robinson Government Advocate

ORDER

This petition is filed to direct the respondents 1 and 2 to complete the investigation in Crime No.17 of 2016 and to file a final report in accordance with law within that period. 2.On the side of the petitioner, it is stated that a complaint was lodged by the third respondent in the year 2016. The FIR was registered by the respondents 1 and 2. The petitioner filed this petition on behalf of the trust. The trust property was sold away by the accused. The third respondent is the complainant. The case was registered in Crime No.17 of 2016. The accused filed a petition to quash the FIR and this Court gave a direction to proceed with the investigation and to file a final report. Subsequently, the quash petition itself was dismissed and the accused again filed another quash petition by showing only one of the complainants as a party. Now the petitioner has filed an impleading petition in that quash petition and the same was reserved for orders and prayed for a direction to file a final report within a time frame. https://hcservices.ecourts.gov.in/hcservices/ 1 / 2

Crl.O.P.(MD) No.4279 of 2021 3.On the side of the respondents 1 and 2, it is stated that the accused entered into an agreement with 333 persons for construction of houses in a trust property and the matter involved required verification of records and prayed further time to file the final report.

4.In the above circumstances, the petitioner is hereby directed to cooperate for the investigation and to produce documents as and when required by the respondents. Thereby, the respondents 1 and 2 are hereby directed to investigate the matter and to file a report within a period of three months from the date of receipt of copy of this order.

5.With the above direction, this Criminal Original Petition is allowed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Inspector of Police District Crime Branch, Tirunelveli, Tiruneveli District.

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

+1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-12571[F] dated 19/03/2021 ) Crl.O.P.(MD)No.4279 of 2021 19.03.2021 MJ(CO) KB(27.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2