Madras High CourtCRL OP(MD)/16049/2017allowed

M.Pandikumar v. The Inspector Of Police

2017-11-23Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.16049 of 2017 M.Pandikumar ... Petitioner -VsState represented by the Inspector of Police, Allinagaram Police Station, Allinagaram, Theni District.

(In Crime No.389 of 2017) ... Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Respondent to file final report in Crime No.389 of 2017 pending on his file within a time frame that may be fixed by this Court.

For Petitioner : Mr.C.M.Arumugam For Respondent : Mr.K.S.Duraipandian, Additional Public Prosecutor ***

O R D E R

This Criminal Original Petition is filed for issuing a direction to the respondent to file a final report in Cr.No.389 of 2017.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.The petitioner is the defacto complainant. Based on the complaint lodged by him a case was registered in Cr.No.389 of 2017 for the offences under Sections 147, 148, 323, 324 and 506(ii) of IPC.

4.The learned counsel for the petitioner states that though the complaint was registered on 25.09.2017, there was no progress and no investigation was conducted. However, the submission of the learned counsel for the petitioner is disputed by the learned Additional Public Prosecutor and he submitted further that the investigation is almost over and the final report is likely to be filed within a period of four months.

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5.It is further stated by the learned Additional Public Prosecutor that the complaint itself was lodged only on 25.09.2017 and that it is too early to give a direction as prayed for by the petitioner.

6. Having regard to the nature of the complaint given by the petitioner, two months time is sufficient to complete the investigation and to file a final report. Hence, the contention of the learned Additional Public Prosecutor that the petitioner has approached this Court within two months from the date of registration of the complaint, has no merits. 7.Taking into consideration the over all circumstances, this Criminal Original Petition is allowed and the respondent is directed to complete the investigation and file a final report in Cr.No.389 of 2017 within a period of four months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CRL. SIDE) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Allinagaram Police Station, Allinagaram, Theni District.

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

+1cc to M/s. C.M.ARUMUGAM Advocate in SR. No. 89445 AM JS/GT/SAR.3/6.12.2017/2P-4C CRL.O.P.(MD)No.16049 of 2017 23.11.2017 https://hcservices.ecourts.gov.in/hcservices/