Madras High CourtCRL OP(MD)/4934/2017ordered

P.Rajasekar v. The Superintendent Of Police

2017-07-31Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.4934 of 2017 1.P.Rajasekar 2.G.Kesavan : Petitioners -Vs1.The Superintendent of Police, Madurai District, Alagarkovil Road, Madurai - 625 007.

2.The Inspector of Police, Economic Offence Wing - II, Viswanathapuram Main Road, Madurai - 625 014.

: Respondents PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, praying to direct the second respondent to file the final report in Crime No.1 of 2016 pending on the file of the second respondent police within a stipulated time that may be fixed by this Hon'ble Court.

For Petitioner : Mr.S.A.Ajmal Khan For Respondents : Mr.C.Ramesh, Additional Public Prosecutor ***

O R D E R

This petition is filed for a direction to direct the second respondent to file the final report in Crime No.1 of 2016 pending on the file of the second respondent police within a stipulated time that may be fixed by this Hon'ble Court. 2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The complaint has been registered in Crime No.1 of 2016 under Sections 406, 420 and 120(B) of I.P.C. r/w. Section 5 of TNPID Act, 1997. Despite the registration of the criminal complaint, there is no progress. Hence, the petitioners who are also some of the depositors have filed the present petition. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Additional Public Prosecutor appearing for the respondents submitted that more than 12,000 complaints have been received. Hence, the matter is likely to take some time. The explanation for the delay cannot be accepted. 5.First of all, for making a person liable for offence under Section 5 of TANPID Act, it is not necessary that all the depositors should be examined. Hence, this Court is of the view that a direction can be issued to the second respondent to complete the investigation and file a final report. Accordingly, this Criminal Original Petition is allowed and the second respondent is directed to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS-II) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Superintendent of Police, Madurai District, Alagarkovil Road, Madurai - 625 007.

2.The Inspector of Police, Economic Offence Wing - II, Viswanathapuram Main Road, Madurai - 625 014.

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

+1cc to M/S.S.A.AJMAL KHAN, Advocate SR.No.69481 SRM MAS/KP/SAR2:09.08.2017:2P-5C CRL.O.P.(MD)No.4934 of 2017 31.07.2017 https://hcservices.ecourts.gov.in/hcservices/