Madras High CourtCRL OP(MD)/5776/2022disposed of

B.Kanthasamy v. The Superintendent Of Police

2024-02-19Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.MP(MD)No.4093 of 2022 B.Kanthasamy ... Petitioner/Accused Rank Not Known Vs.

1.The State rep by The Inspector of Police, Cumbam South Police Station, Theni District.

(Crime No.43 of 2021) 2.Mrs.Lavanya, The Inspector of Police, Cumbam South Police Station, Theni District.

... Respondents/Complainants 3.Thileepkumar ... Respondent/Defacto Complainant PRAYER:- Petition filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.43 of 2021 on the file of the first respondent police and quash the same.

For Petitioner : Mr.KSuyambulinga Bharathi For R1 & R2 : Mr.P.Kottaichamy Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed seeking quashment of FIR in Crime No.43 of 2021 on the file of the first respondent police. 2.The case of the prosecution is that the petitioner was working as driver in Tamil Nadu State Transport Corporation, Dindigul Division at Cumbam Branch. He was implicated for the offence under Sections 279 and 304(A) of IPC., in the impugned FIR in Crime.No.43 of 2021 on 26.01.2021. On the same day, the petitioner sent a representation to the Law Enforcing Agency along with the CCTV footage. After perusal of the CCTV footage, the Law Enforcing Agency sent a report to the General Manager, TNSTC, Head Office, Dindigul, dated 02.03.2021. In that report, it was specifically mentioned that the petitioner has not involved in the above said offence. Hence, the petitioner filed this petition with the above said prayer.

3.The learned counsel for the petitioner would submit that this Court may issue a direction to the first respondent to conclude the investigation within a time stipulated by this Court.

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4.Considering the same, the first respondent is directed to conclude the investigation in Crime.No.43 of 2021 within a period of 4 weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed. Index : Yes/No 19.02.2024 Internet : Yes/No NCC : Yes/No dss To The Inspector of Police, Cumbam South Police Station, Theni District.

(Crime No.43 of 2021) 2.Mrs.Lavanya, The Inspector of Police, Cumbam South Police Station, Theni District.

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

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M.DHANDAPANI, J.

dss and Crl.MP(MD)No.4093 of 2022 19.02.2024 4/4