Madras High CourtCRL MP(MD)/4467/2021ordered

The Inspector Of Police v. Ponnusamy

2021-07-14Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Original Jurisdiction) Wednesday, the Fourteenth day of July, Two Thousand and Twenty One PRESENT The Honourable Mr.Justice G.ILANGOVAN in CRL OP(MD) No.10090 of 2020 The Inspector of Police, Palayamkottai Police Station, (Crime.No.238/2019) ... Petitioner/3rd Respondent Vs

1. Ponnusamy ... 1st Respondent/Petitioner

2. The Commissioner of Police, O/o. Commissioner of Police,

3. The Assistant Commissioner Of Police, O/o. The Assistant Commissioner of Police, Palayamkottai, Tirunelveli City. ... Respondents 2 & 3/Respondent No.1 Prayer :- This Criminal Miscellaneous Petition has been filed under Section 482 of Code of Criminal Procedure, praying this Honourable Court to extend the time granted by this Honourable Court in Crl. MP (MD) No.890 of 2021 in Crl. OP(MD) No.10090 of 2020 dated 10.02.2021, for further period of 6 months so as to complete the investigation of the case in Crime No.238 of 2019 and to file final report.

Prayer in Crl. MP(MD) No.890 of 2021:

This Criminal Miscellaneous Petition has been filed under Section 482 of Code of Criminal Procedure, praying this Honourable Court to extend the time granted by this Honourable Court in Crl. OP (MD) No.10090 of 2020 dated 23.09.2020, for further period of 6 months so as to complete the investigation of the case in Crime No.238 of 2019 and to file final report.

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Prayer in Crl. OP(MD) No.10090 of 2020:

This Criminal Original Petition has been filed under Section 482 of Code of Criminal Procedure, praying this Honourable Court to direct the 3rd Respondent to file the final report in Cr. No.238/2019 dated 15.05.2019 for the offences under Sections 420, 419, 465, 468 and 471 of IPC under the supervision of the 1st Respondent within a stipulated time frame fixed by this Honourable Court. ORDER:- This Criminal Miscellaneous Petition coming upon for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.M.Anbunithi, Additional Public Prosecutor appearing on behalf of the Petitioner, and of Mr.S.Velrajan, Advocate for the first respondent, this Court made the following order: This petition has been filed to extend the time granted by this Court in Crl. MP(MD).No.890 of 2021 in Crl.OP(MD) No.10090 of 2020 to complete the investigation, on the ground that expert opinion has not been received so far.

2. The learned counsel for the respondent would submit that the crime is of the year 2019 and after a lapse of one year only, the petitioner has filed the above Criminal Original Petition.

3. However, from the submission made by the learned Additional Public Prosecutor, it is seen that expert opinion has to be received. Considering this fact, three months time is extended to the investigating Officer to complete the investigation.

4. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) TO

1. The Inspector of Police, Palayamkottai Police Station,

2. The Commissioner of Police, O/o. Commissioner of Police,

3. The Assistant Commissioner Of Police, O/o. The Assistant Commissioner of Police, Palayamkottai, 2/3

4. The Inspector of Police, Anti Land Grabbing Cell,

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

ORDER DATED : 14/07/2021 ==========================

ORDER

========================== in CRL OP(MD) No.10090 of 2020 Giving direction and etc.

as stated within.

MGJ(26.07.2021) 3P 6C 3/3