← Library
Madras High CourtCRL OP(MD)/7706/2022dismissed

V. Kannan v. The Commissioner Of Police

2024-02-05Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05.02.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI CRL OP(MD) No.7706 of 2022 V. Kannan ... Petitioner Vs

1. The Commissioner of Police Office of the Commissioner of Police Madurai - 625 002.

2. The Inspector of Police CBCID Police, Madurai

3. The Inspector of Police K.Pudur Police Station, Madurai City, (In Crime No.709 of 2017) ... Respondents (2nd respondent amended as per the order of this court in Crl.M.P.(MD) No.5727/2022 vide order dated 05.02.2024) PRAYER :- Criminal Original Petition is filed under Section 482 of Cr.P.C., to pleased to direct the 1st Respondent to order change of Investigation in the matter relating to the Crime No.709 of 2017 on the file of the 3rd Respondent and entrust the same to Respondent No.2 for 1/5

investigation of the case and file a charge sheet before the appropriate Jurisdictional Magistrate within the time stipulated by this Court. For Petitioner : M/s. D. Senthil For Respondents : M/s. B. Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed for a direction to the 1st respondent to order change of investigation in the matter relating to the Crime No.709 of 2017 on the file of the 3rd respondent and entrust the same to respondent No.2 for investigation of the case and file a charge sheet before the appropriate Jurisdictional Magistrate within the time stipulated by this Court.

2.The case of the petitioner is that when the petitioner's family was not in the house, it is alleged that their house was break opened and the articles worth about Rs.1,50,000/- were found missing and hence, a complaint has been given. Since there is no action on the same by the respondent police, the petitioner is before this court. 3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. 2/5

4.The learned Additional Public Prosecutor would submit that pursuant to the complaint given by the petitioner, investigation was conducted and the respondent police, on completion of investigation, filed a report as 'undetected'.

5.The learned counsel for the petitioner, however, would submit that the filing of a report as 'undetected' is not permissible in law and therefore, seeks for a direction.

6. It is seen that on the complaint of the petitioner, the respondent police conducted investigation by examining the witnesses and subsequently filed a report as 'undetected'. If at all the petitioner is aggrieved by the report of the respondent police, he can very well challenge the said report in the manner known to law. With this liberty, this criminal original petition is dismissed. 05.02.2024 RR 3/5

TO

1. The Commissioner of Police Office of the Commissioner of Police Madurai - 625 002.

2. The Inspector of Police CBCID Police, Madurai.

3. The Inspector of Police K.Pudur Police Station, Madurai City, 4/5

M.DHANDAPANI. J RR

ORDER

IN CRL OP(MD) No.7706 of 2022 Date : 05.02.2024 5/5