Madras High CourtCRL OP(MD)/2389/2017disposed of

S.Kanagaraj v. The Inspector Of Police

2017-03-22Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2017

CORAM

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED CRL.O.P.(MD).No.2389 of 2017 S.Kanagaraj ..Petitioner/Accused No.1 Vs.

The Inspector of Police, Vigilance and Anti Corruption Department, Madurai.

.. Respondent/Complainant PRAYER: Criminal Original petition filed under Section 482 of Cr.P.C., to direct the respondent police to file the final report in Crime No.2 of 2016, dated 10.05.2016 on the file of the respondent within a period as stipulated by this Court. For Petitioner : Mr.G.Maruthiah For Respondent : Mr.P.Kandasamy Government Advocate(Crl. Side) ***

O R D E R

This Criminal Original petition has been filed by the petitioner/accused No.1, to direct the respondent police to file the final report in Crime No.2 of 2016, dated 10.05.2016 on the file of the respondent within the stipulated time.

2. Learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent are present and heard.

3. The learned Government Advocate(Crl. Side) has filed status report in this case.

4.The case of the petitioner is that the case was registered 10.05.2016 for the offences under Section 120(b), 167, 403, 409, 461, 468, 471 and 420 of I.P.C., r/w 31(1) (c ) and (d) of the Vigilance and Anti Corruption Act. There are totally five accused and the petitioner is the first accused in this case. It is further stated that the respondent police have called the petitioner for enquiry and the petitioner also attended the same and he is going to retire at the end of April 2017 and expecting the peaceful retirement. Hence, the petitioner has filed the https://hcservices.ecourts.gov.in/hcservices/

present application directing the respondent to file the final report in this case within the stipulated time as fixed by this Court.

5. The learned Government Advocate(Crl. Side) for the respondent states that 95 witnesses have been enquired so far, 220 witnesses still need to be enquired, 14 documents have been collected so far and 5 documents still need to be collected to get more evidence to link with the accused officers. It is also admitted that the case was registered only in the month of May 2016. The learned Government Advocate(Crl. Side) appearing for the respondent further states that it is not possible to fix the date within the date of retirement of the petitioner herein who is going to retire in the month of April 2017.

6. Considering the facts and circumstances of the case and also the nature of the charges mentioned against the petitioner/accused No.1 in this case, this Court is inclined to direct the respondent to expedite the investigation and file charge sheet as early as possible.

7. With the above observations, this Criminal Original petition is disposed of.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To

1. The Inspector of Police, Vigilance and Anti Corruption Department, Madurai.

2. The Additional Public Prosecutor, Madurai Bench of Madurai High Court, Madurai. +1 CC to MR.G.MARUTHIAH, Advocate, SR No. 17669 PMU PSM/KP/SAR2/04.04.2017/2P/4C ORDER MADE IN CRL.O.P.(MD).No.2389 of 2017 22.03.2017 https://hcservices.ecourts.gov.in/hcservices/