Periyanayagi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Periyanayagi : Petitioner Vs.
1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The State, Rep. by the Inspector of Police, Pallathur Police Station, Sivagangai District.
Crime No.28 of 2023 3.The District Registrar, Karaikudi.
4.The Assistant Treasury Officer, Karaikudi.
: Respondents [R.3, R.4 suo-motu impleaded vide order dated 11.06.2024] 1/6
PRAYER: Petition filed under Section 482 Cr.P.C seeking a direction to the second respondent to expedite the investigation in Crime No.28 of 2023, dated 18.04.2023 and to file the final report within a stipulated time limit. For Petitioner : Mr.S.Kanagarajan For Respondents: Mr.M.Sakthi Kumar Government Advocate (Crl. Side) for R.1, R.2 Mrs.D.Farjana Ghoushia, Special Government Pleader for R.3, R.4 *****
ORDER
The petitioner, aged about 78 years, has approached this Court seeking a direction to expedite the investigation in Crime No.28 of 2023, dated 18.04.2023 and to file the final report. 2.Learned Counsel for the petitioner submitted that the petitioner was assigned with a land in S.No.178/25 and the same was grabbed by a money lender, with the documents given by her at the time of borrowing a sum of 2/6
Rs.5000/- in the year 2002. A document was created as if this petitioner has executed some documents before a Notary Public, however, the said Notary Public has denied that he has not signed the documents as a Notary Public. Though the petitioner has lodged a complaint in this regard, it was not taken on file, stating that, on the complaint given by the Notary Public, Nagaraj, a case was already registered in Crime No.28 of 2023, dated 18.04.2023, on the very same issue. Alleging that there is no progress ever since the registration of the case, the petitioner has filed this petition. 3.Learned Government Advocate (Crl. Side) submitted that in the course of investigation, they have collected certain documents and they have to ascertain the genuineness of those documents.
Therefore, they have sought for the documents from the District Registrar, Karaikudi and the Assistant Treasury Officer, Karaikudi. However, they have not received those documents for verification. Therefore, they could not proceed with the investigation. He has also produced the requisition letter dated 22.05.2023, which has been acknowledged by the District Registrar and Assistant Treasury Officer of Karaikudi.
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4.The investigation officer, a Government official, in discharge of his duties, has called for certain details from the District Registrar, Karaikudi and Assistant Treasury Officer, Karaikudi. The investigation officer claims that in view of the non-response from the Officers, they are not in a position to proceed with the investigation. This is a very sorry state of affairs. Therefore, this Court, by earlier order dated 11.06.2024, suo-motu impleaded the District Registrar, Karaikudi and the Assistant Treasury Officer, Karaikudi, as parties to this writ petition. 5.Learned Special Government Pleader appearing for the newly impleaded respondents, on instructions, submitted that the documents requested by the investigation officer have been duly forwarded. 6.Recording this submission of the learned Special Government Pleader, this original petition is closed, with a direction to the respondent Police to conduct the investigation in a proper manner and to file the final report in Crime No.28 of 2023, as expeditiously as possible, preferably 4/6
within a period of three months from the date of receipt of a copy of this order.
Internet : Yes 01.07.2024 gk To 1.The Superintendent of Police, Sivagangai District, Sivagangai.
2.The Inspector of Police, Pallathur Police Station, Sivagangai District.
3.The District Registrar, Karaikudi.
4.The Assistant Treasury Officer, Karaikudi.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI, J.
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