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Madras High CourtCRL OP(MD)/23150/2016dismissed

Kalimuthu, v. The Sub Inspector Of Police,

2017-01-23Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2017

CORAM:

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD)No.23150 of 2016 Kalimuthu : Petitioner Vs.

The Sub Inspector of Police, Thondi Police Station, Tiruvadanai, Ramanathapuram District. : Respondent Prayer: This petition is filed under Section 482 of Cr.P.C., to give suitable direction to direct the respondent to complete the investigation in FIR No.195 of 2016 and to submit final report, within the period as stipulated by this court. For Petitioner : Mr.A.Haja Mohideen For Respondent : Mr.A.P.Balasubramani Government Advocate (Criminal Side)

O R D E R

This petition is filed to direct the respondent to complete the investigation in FIR No.195 of 2016 and to submit final report, within the period as stipulated by this court. 2.The learned counsel appearing for the petitioner would submit that petitioner filed a direction petition in Crl.O.P(MD) No.10382 of 2016 to register a complaint and it was ordered on 30.06.2016 directing the respondent to take necessary action and as per the direction of this court, FIR has been registered in Crime No.195 of 2016 under Section 379 IPC on 04.09.2016 against one Govindaraj and 11 others, but the respondent has not filed a final report as ordered by this court. Hence, this petition is filed to issue a suitable direction to the Investigating Officer. 3.The learned Government Advocate (Criminal side) would submit that in this case, the respondent police has filed a final report along with relevant documents before the Judicial Magistrate, Thiruvadanai and hence, the petition filed by the petitioner is not at all maintainable in law. Hence, he prayed for the dismissal of the petition.

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4.Heard both sides and perused the materials available on record.

5.A reading of the order passed by this court in Crl.O.P (MD)No.10382 of 2016, it is clear that this court has directed the respondent to expedite the enquiry and complete the same within a period of one month time and there was no time limit fixed to file a final report. The respondent filed a status report stating that after completing the investigation, charge sheet was filed before the competent court. In view of the above circumstances, this court is of the considered view that no direction can be issued as sought for by the petitioner.

6.In the result, this petition is dismissed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar er To, 1.The Sub Inspector of Police, Thondi Police Station, Tiruvadanai, Ramanathapuram District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.A.Haja Mohideen, Advocate Sr.No.4205 GJM/MR/1.3.17-2p-4C Crl.O.P.(MD)No.23150 of 2016 23.01.2017 https://hcservices.ecourts.gov.in/hcservices/