Madras High CourtCRL OP(MD)/6211/2021disposed of

D.Abernesh v. The Sub Inspector Of Police

2021-04-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6211 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD).No.6211 of 2021 D.Abernesh ... Petitioner/Accused No.1 Vs.

The Sub Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

(In Cr.No.154 of 2018) ... Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to file a final report accordance with law in crime No.154 of 2018 complaint dated 26.05.2018 and pending before the respondent.

For Petitioner : MrN.S.Ramakrishna Dass For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side).

ORDER

This Criminal Original Petition is filed seeking a direction to the respondent to file a final report in accordance with law in Crime No.154 of 2018, dated 26.05.2018.

2. The case of the prosecution is that one Sunilkumar, who is the defacto complainant and the petitioner are neighbours and they have personal enmity for several decades. On the date of occurrence, the petitioner along with three others entered into the defacto complainant's house with deadly weapons and attacked the defacto complainant, due to which, he sustained injuries and admitted in the Government Hospital at Kulasekaram. To wreck vengeance, the defacto complainant gave a false complaint against petitioner and his family members. The respondent police registered the case against the petitioner on 26.05.2018 for the offence under Section 147, 148, 447, 294(b), 324, 323 and 506(ii) of IPC in Crime No.154 of 2018 as if the defacto complainant and his associates are threatening the petitioner continuously.

The respondent police has not completed the enquiry and they have also not filed the final report in this case. Only because of the influence of defacto complainant, the enquiry is pending before the respondent police from 2018 onwards. As there was no action by the respondent police, the present petition has been filed.

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Crl.O.P.(MD)No.6211 of 2021

3. The learned Government Advocate (Crl.Side) would submit that, the investigation has been completed and final report will be filed before the concerned Court within a period of four weeks.

4. Recording the submissions of learned Government Advocate (Crl.Side), there shall be a direction to the respondent herein to conclude the investigation and file final report before the concerned Court within 4 weeks from the date of receipt of a copy of this order.

5. In view of the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Sub Inspector of Police, Thiruvattar Police Station, Thiruvattar, Kanyakumari District.

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

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