Madras High CourtCRL OP(MD)/860/2017dismissed

E.Prema v. The Commissioner Of Police

2017-01-27Honourable Mr Justice P. Kalaiyarasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2017

CORAM

THE HON'BLE MR.JUSTICE P.KALAIYARASAN Crl.O.P.(MD) No.860 of 2017 E.Prema .. Petitioner Vs 1.The Commissioner of Police, O/o.Commissioner of City Police, Tirunelveli City, Palaiyankottai, Tirunelveli District - 627 001.

2.The Inspector of Police, Pettai Police Station, Pettai, Tirunelveli City, Tirunelveli District - 627 005 .. Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to investigate the case and file final report against the accused person in Crime No.564 of 2016, on the file of 2nd respondent police station, within a stipulated time that may be fixed by this Honourable Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.A.P.Balasubramani Government Advocate (Crl. Side)

ORDER

This petition has been filed to direct the 2nd respondent to investigate the case and file final report against the accused person in Crime No.564 of 2016, on the file of 2nd respondent police station, within a time frame.

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

3. It is averred in the petition that a case of murder was registered on 08.09.2016 in Crime No.564 of 2016 and the investigation has not yet been over. Therefore the petitioner prays that the second respondent has to be directed to complete the investigation and file final report within a time frame. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl. Side) submits that

after completion of investigation, charge sheet has been filed by the respondent police on 24.12.2016, before the learned Judicial Magistrate No.V, Tirunelvlei and the same is not yet taken on file.

5.Considering the submissions made by the learned Government Advocate (Crl. Side), this Criminal Original Petition is dismissed. However, the learned Judicial Magistrate, Tirunelveli is directed to take the charge sheet on file, if it is otherwise in order and commit the case within a period of one month from the date of receipt of a copy of this order. 6.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.V, Tirunelveli.

2.The Commissioner of Police, O/o.Commissioner of City Police, Tirunelveli City, Palaiyankottai, Tirunelveli District - 627 001.

3.The Inspector of Police, Pettai Police Station, Pettai, Tirunelveli City, Tirunelveli District - 627 005 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.KARUNANIDHI, Advocate, SR No. 4879. PJL PSM/BS/08.02.2017/2P/6C Crl.O.P.(MD) No.860 of 2017 27.01.2017 https://hcservices.ecourts.gov.in/hcservices/