Suman Mondal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD) No.3877 of 2023 Suman Mondal ... Petitioner/ Accused not known Vs.

1.The State, through The Inspector of Police, Cyber Space Police Station, Thoothukudi District.

(In Crime No.14 of 2022) ... 1st Respondent/Complainant

2. J.Gunasekaran ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for records relating to the proceedings in Crime No.14 of 2022 on the file of the first respondent and quash the same.

For Petitioner : Mr. Sabyasachi Chatterjee For R1 : Mr. Nambiselvan.B Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking orders to call for records relating to the proceedings in Crime No.14 of 2022 on the file of the first respondent and quash the same.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that sufficient time is already lapsed for completing the process of investigation.

3. The learned Additional Public Prosecutor appearing for the first respondent would submit that investigation process is almost over within the time stipulated, final report will be filed. One of the accused remains absconding.

4. On perusal of CD file and confession of the co-accused, it is seen that this petitioner has developed the website in the name of Bharath Petroleum.

5. The learned Additional Public Prosecutor appearing for the first 2/4

respondent further submitted that sufficient materials have been collected, because of one accused remains absconding, the investigation process could not be completed.

6. Since allegations are serious in nature, quashment cannot be made. Considering the submission made by the learned Additional Public Prosecutor, the Investigation Officer / 1st respondent is directed to complete the investigation process and file the Final Report before the concerned Court within three months from the date of receipt of copy of this order. If the petitioner is aggrieved by the outcome of the Final Report, he can workout his remedy through appropriate proceedings.

7. With the above direction, this Criminal Original Petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed.

08.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/4

G.ILANGOVAN ,J.

Indu To 1.The Inspector of Police, Nesamony Nagar, Kanyakumari District.

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

Order made in Dated: 08.03.2023 4/4