A.S.Bhuvaneshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI A.S.Bhuvaneshwaran ... Petitioner Vs.

The Inspector of Police, Sendhamaram Police Station, Tenkasi District.

(Crime No.331 of 2020) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to complete the further investigation in Crime No.331 of 2020 dated 11.07.2020 pending on the file of the respondent and to file the final report on the basis of the order dated 29.04.2022 in Cr.M.P.No.10 of 2022 before the Judicial Magistrate Tenkasi within a stipulated time.

For Petitioner : Mr.R.Alagumani For Respondent : Mr.M.Sakthi Kumar, Government Advocate(Crl.side) 1/4

ORDER

The petitioner has approached this Court seeking a direction to the respondent to complete further investigation in Cr.No.331 of 2020 and to file the final report, within a time frame as directed by the learned Judicial Magistrate, Tenkasi in Cr.M.P.No.10 of 2022 vide order dated 29.04.2022.

2.The case of the petitioner is that his car bearing Reg.No.TN-01AD-2952 has been set fire in the year 2020 and therefore, the petitioner lodged a complaint before the respondent Police. Based on the same, a case in Cr.No.331 of 2020 has been registered for the offence under Section 436 IPC. After completion of investigation, the respondent Police filed a negative final report and referred the case as undetectable. Thereafter, the petitioner filed a protest petition in Cr.M.P.No.10 of 2022 before the learned Judicial Magistrate, Tenkasi and the same was allowed vide order dated 29.04.2022 by directing the respondent to investigate the case further and to file a report, within a period of two months. However, the respondent Police has not filed the final report as 2/4

directed by the learned Magistrate. Therefore, the petitioner filed the present petition.

3.The learned Government Advocate(Crl.side) appearing for the respondent submits that the alleged occurrence is said to have taken place in the mid-night and hence, the offenders could not be identified and therefore, the respondent Police has filed a report as undetectable in the year 2021. Thereafter, as per the direction of the learned Magistrate, the respondent examined more than 40 witnesses. Even then, the accused could not identified. The respondent Police will file a detailed report as to the steps taken by them.

4.Recording the above submission, this criminal original petition is closed.

26.06.2024 NCC : Yes/No Index : Yes/No Internet:Yes gns 3/4

B.PUGALENDHI,J gns To 1.The Inspector of Police, Sendhamaram Police Station, Tenkasi District.

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

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