Madras High CourtCRL OP(MD)/8954/2021disposed of

Irulayee v. The Superintendent Of Police

2021-07-08Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.8954 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8954 of 2021 Irulayee ... Petitioner Vs.

1.The State of Tail Nadu Rep. through the Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Othakadai Police Station, Othakadai, Madurai District (Crime No.183 of 2021) ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent police to forthwith file the final report in FIR in Crime NO.183 of 2021 on the file of the second respondent police dated 08.04.2021 registered under Section 302 IPC or within the time stipulated by this Court. For Petitioner : Mr.P.M.Vishnuvarthanan For Respondents : Mr.R.M.Anbunidhi Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction to the second respondent police to file a final report in FIR in Crime NO.183 of 2021 on the file of the second respondent police dated 08.04.2021 registered under Section 302 IPC within time stipulated by this Court.

2.The petitioner is the defacto complainant in Crime No.183 of 2021 on the file of the second respondent herein. The only grievance that is expressed by the learned counsel for the petitioner at the time of argument is that the third respondent by name, Balakrishnan @ Poruthukarai @ Periyakuti has appeared before the State Police Uniform Service and even though he has appeared on 19.04.2021, no statement has been recorded from him and proper investigation has not been done. Therefore, the petitioner apprehends that the third accused may be let out from the criminal case.

3. The learned Additional Public Prosecutor submits that so far 17 witnesses have been examined, viscera report has been obtained https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8954 of 2021 and biological report is yet to be received. He would further submit that within a period of one month the second respondent will file a final report before the concerned court.

4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

5. Apprehension of the petitioner at this stage appears to be without any basis. However, it is directed that investigation shall be conducted by the second respondent in a fair manner under the supervision of the Superintendent of Police, Madurai District and a final report shall be filed within a period of one month from the date of receipt of a copy of this order before the concerned court.

6. With the above direction, this petition is disposed of. Sd/- Assistant Registrar(AE) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Othakadai Police Station, Othakadai,Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.M.VISHNU VARTHANAN, Advocate ( SR-21800[F] dated 09/07/2021 ) Crl.O.P.(MD)No.8954 of 2021 08.07.2021 NS(CO) TR(14.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2