Madras High CourtCRL OP(MD)/9303/2017disposed of

P.Balachandran v. The Deputy Superintendent Of

2017-07-27Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP(MD)No.9303 of 2017 P.Balachandran ... Petitioner Vs.

State Represented by its Deputy Superintendant of Police, Sivagangai.

(Elayangudi Police Station:

Crime Number 47 of 2017) ... Respondent PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to direct the Deputy Superintendent of Police, Sivagangai/respondent herein to complete the investigation in Crime No.47 of 2017 on the file of the Elayankudi Police Station, within the time stipulated by this Court. For Petitioner : Mr.R.Karthikeyan For Respondent : Mr.K.Anbarasan, Government Advocate(Criminal Side) ***

O R D E R

This Criminal Original petition is filed seeking a direction to the the Deputy Superintendent of Police, Sivagangai/respondent herein to complete the investigation in Crime No.47 of 2017 on the file of the Elayankudi Police Station, within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondent.

3. The learned Government Advocate(Criminal Side) on instructions submitted that already the investigation is completed and the respondent police is waiting for getting Postmortem Report. It is also stated that the delay in receiving the Postmortem Report was on account of the fact that the Viscera Report was not obtained by the Medical Officer who had done the Postmortem. In these circumstances, the learned Government https://hcservices.ecourts.gov.in/hcservices/

Advocate(Criminal Side) requested further time to complete the investigation in Crime No.47 of 2017.

4. Having regard to the peculiar facts and the submission of the learned Government Advocate(Criminal Side) that the Postmortem Report is very much relevant and important, this Court is of the view that the reasonable time should be given to the respondent to complete the investigation and file a final report. This Court, therefore, direct the Deputy Superintendent of Police, Sivagangai/respondent herein to complete the investigation in Crime No.47 of 2017 and to file the final report within a period of two months from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original petition is allowed. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The Deputy Superintendant of Police, Sivagangai.

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

+1 cc to Mr.P.Srinivas , Advocate in SR.No. 68257 pmu AE/SKN RSK/SAR1/04.08.2017/2P/4C CRL.OP(MD)No.9303 of 2017 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/