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Madras High CourtCRL MP(MD)/7165/2023allowed

The Deputy Superintendent Of Police v. Bas Thurai

2023-06-07Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Seventh day of June Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice R.THARANI in CRL OP(MD).No.13988 of 2020 The Deputy Superintendent of Police.

Crime Branch CID, Tirunelveli.

... Petitioner/Petitioner/Respondent No.4 Vs 1 Basthurai

...Respondent/Respondent/Petitioner

2 The Principal Secretary, Department of Home Secretariat, Fort St. George, Chennai.

3 The Director General of Police, Government of Tamil Nadu, Chennai 4 The Superintendent of Police, Nagarcoil, Kanyakumari District.

5 The Deputy Superintendent of Police, District Crime Branch, Kanyakumari District.

6 The Inspector of Police District Crime Branch Kanyakumari District.

7 The Inspector of Police Sucheendram Police Station, Kanyakumari District.

8 Baskaran Deputy Superintendent of Police, Kanyakumari Kanyakumari District.

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9 Vijay Ananth ... Respondents/Respondents/Respondents Prayer :- This Criminal miscellaneous Petition is filed under section 482 of Cr.P.C to grant a further period of 3 months to complete the investigation and to file a final report as per the direction given by this Honble Court in Crl.MP(MD)No.15999/2022 in Crl.OP(MD) No.13988/2020, dt.21/12/2022.

Prayer in Crl OP(MD).No.13988 of 2020.

This Criminal Original Petition filed under section 482 of Cr.P.C to direct the third respondent to withdraw the case in Crime No.18 of 2020 dated 29.10.2020 registered for the offence under section 174 of Cr.P.C from the file of respondent No.6 and entrust th same to fourth respondent for conducting investigation of the case by a competent officer or any other independent investigating agency and file a final report before the Jurisdictional Magistrate. ORDER:- This 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 Thiru.M.Sakthi Kumar, Government Advocate for the Petitioner this Court made the following order: This petition is filed to grant further period of three months to complete the investigation and to file a final report as per the direction given by this Court, in Crl.M.P.(MD)No.15999 of 2022, in Crl.O.P.No.13988 of 2020, dated 21.12.2022.

2. On the side of the prosecution, it is stated that 54 witnesses were examined by the prosecution and 31 documents were seized and prayed three months time for filing final report.

3. It is seen that the case was registered under Section 174 of Cr.P.C. In view of the seriousness of the offence, two months further time is granted from the date of receipt of copy of this order, for completing the investigation.

4. With the above direction, this Petition is allowed. Sd/- Assistant Registrar (CS-III) // True Copy // /06/2023 Sub Assistant Registrar(CS) 2/3

TO

1. The Deputy Superintendent of Police.

Crime Branch CID, Tirunelveli.

2 The Principal Secretary, DeparTment of Home Secretariat, Fort St. George, Chennai.

3 The Director General of Police, Government of Tamil Nadu, Chennai 4 The Superintendent of Police, Nagarcoil, Kanyakumari District.

5 The Deputy Superintendent of Police, District Crime Branch, Kanyakumari District.

6 The Inspector of Police District Crime Branch Kanyakumari District.

7 The Inspector of Police Sucheendram Police Station, Kanyakumari District.

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

ORDER DATED : 07/06/2023 ==========================

ORDER

========================== in CRL OP(MD).No.13988 of 2020 SI/(14.06.2023) 3P/ 9C 3/3