Madras High CourtCRL OP(MD)/8556/2017disposed of

Vincent v. The Superintendent Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8556 of 2017 Vincent ... Petitioner -Vs1. The Superintendent of Police, Theni District, Theni.

2. The Sub-Inspector of Police, Town Police Station, Bodinayakanur, Theni District.

(Crime No.221/2017).

... Respondents Prayer: Petition filed under Section 482 of Code of Criminal Procedure to direct the first respondent to file a final report in Cr.No.221/2017 dated 10.03.2017 on the file of the 1st respondent police within the time limit that may be fixed by this Court.

For Petitioner :

Mr.D.M.Kaliraj For Respondents :

Mr.K.Anbarasan Government Advocate(Crl.side)

O R D E R

This petition is filed to direct the first respondent to file a final report in Crime No.221 of 2017 dated 10.03.2017 on the file of the first respondent police within the time limit that may be fixed by this Court.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

3. The learned Government Advocate (Criminal Side), on instructions, submitted that the complaint is about forgery of documents, and that steps have already been taken to get expert's opinion by sending document for signature comparison. Leave alone the procedure the respondent may adopt, the respondent police is directed to apply their mind on the basis of available materials so as to form a prima facie opinion and proceed in accordance with law.

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4. Even if expert's opinion is obtained by the police, it is not admissible evidence to prove the offences. Hence this Court feels that short time is enough to complete the investigation and to file a final report.

5. In the result, this Criminal Original Petition is allowed with a direction to the first respondent police to complete the investigation in Crime No.221 of 2017 dated 10.03.2017 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-III) /True copy/ Sub Assistant Registrar To:

1.The Superintendent of Police, Theni District, Theni. 2.The Sub-Inspector of Police, Town Police Station, Bodinayakanur, Theni District.

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

+1 CC to M/s.M.KALIRAJ, Advocate, SR No. 63873. CM/GSP PSM/KP/SAR1/18.07.2017/2P/5C Crl.O.P.(MD) No.8556 of 2017 07.07.2017 https://hcservices.ecourts.gov.in/hcservices/