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Madras High CourtCRL MP(MD)/6567/2022ordered

The Superintendent Of Police v. K. Sudalaikannu

2022-06-20Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Monday, the Twentieth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL MP(MD)No.6567 of 2022 in CRL OP(MD)No.16216 of 2019 1.The Superintendent of Police Tirunelveli District.

2.The Inspector of Police, Kalakkadu Police Station, Tirunelveli District.

3.The Inspector of Police, C.B.C.I.D., Tirunelveli, Tirunelveli District. ... Petitioners/Respondents Vs 1.K.Sudalaikannu ... Respondent/Petitioner 2.The Inspector of Police, Central Bureau of Investigation Wing A, 3rd Floor, Rajaji Bhavan, Besant Nagar, Chennai.

... Respondent/Respondent Prayer in Crl.MP(MD)No.6567 of 2022 :- Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., to extend the time for a further period of 6 months to complete the investigation and to file a final report as per the directions given by this Hon'ble High Court by its order dated 11.11.2021 made in Crl.MP(MD)No.8567 of 2021 in Crl.OP(MD)No.16216 of 2019.

Prayer in Crl.OP(MD)No.16216 of 2019:- Criminal Original Petition is filed under Section 482 of Cr.P.C., to withdraw the case in Cr.No.283 of 2009 on the file of the third respondent and to transfer the same to the fourth respondent or any other agency. ORDER:- This Criminal Miscellaneous Petition coming on 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.Meenakshi Sundaram, Additional Public Prosecutor for the Petitioners, Mr.K.Gokul for the 1st Respondent and of Mr.N.Mohideen Basha, Special 1/3

Public Prosecutor for CBI for 2nd Respondent, this Court made the following order:- This Criminal Miscellaneous Petition has been filed under Section 482 of Cr.P.C., seeking orders to extend the time for a further period of six months to complete the investigation and to file a final report as per the directions given by this Court. 2.Heard the learned Additional Public Prosecutor for the petitioners and the learned Special Public Prosecutor for CBI for the second respondent.

3.It is seen from the records that this Court in Crl.O.P.(MD) No.16216 of 2019 vide order dated 29.01.2022 directed the third respondent / Inspector of Police, CBCID, Tirunelveli, therein to complete the investigation and file a final report, preferably within a period of four months from the date of receipt of a copy of that order, that subsequently at the instance of the third petitioner, time was extended twice for a period of six months vide orders dated 29.03.2021 and 11.11.2021 and that the present application has been filed seeking further extension of time. 4.The learned Additional Public Prosecutor would submit that after getting last extension, they have examined 25 witnesses and 4 M.O. Criminals, 1 suspect identified and interrogated and 10 other persons were examined in and around S.O.C. and so far 514 witnesses have been examined and that no tangible evidence was detected to connect any of the motive witnesses.

5.Considering the reason assigned and submission of the learned Additional Public Prosecutor, further six months time is granted as finally, for completing the investigation and filing of the final report.

6.In the result, this Criminal Miscellaneous Petition is allowed.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

TO 1.The Superintendent of Police Tirunelveli District.

2.The Inspector of Police, Kalakkadu Police Station, Tirunelveli District.

3.The Inspector of Police, C.B.C.I.D., Tirunelveli, Tirunelveli District.

4.The Inspector of Police, Central Bureau of Investigation, Wing A, 3rd Floor, Rajaji Bhavan, Besantnagar, Chennai.

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

ORDER DATED : 20/06/2022 ==========================

ORDER

========================== CRL MP(MD)No.6567 of 2022 in CRL OP(MD)No.16216 of 2019 Giving direction and etc.

as stated within.

KB(30.06.2022) 3P 6C 3/3