Madras High CourtCRL RC(MD)/441/2018disposed of

C. Palanisamy v. The Inspector Of Police

2018-08-16Honourable Dr Justice G. Jayachandran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2018 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C.(MD) No.441 of 2018 C.Palanisamy ... Petitioner Vs.

1. The Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District.

2. V.P.Annamalai

3. P.K.VAdamalaiyan

4. Annadurai

5. Manivannan

6. Alagarsamy ... Respondents PRAYER: The Criminal Revision Case filed under Section 397 r/w Section 401 of the Code of Criminal Procedure, to call for the records relating to the order passed by the learned Judicial Magistrate, Rajapalayam in Cr.M.P.No.9131 of 2017 dated 15.11.2017 and to set aside the same.

For Petitioner : Mr.A.Jayaramachandran For R1 : Mr.A.Robinson Government Advocate (Crl.Side) For R2 to R6 : Mr.M.Solaisamy

ORDER

This petition has been filed to call for the records relating to the order passed by the learned Judicial Magistrate, Rajapalayam in Cr.M.P.No.9131 of 2017 dated 15.11.2017 and to set aside the same.

2.A short point involved in this petition is that one C.Palanisamy, the petitioner herein, had lodged two complaints before the Sub Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District. One complaint dated 10.08.2015 and another complaint dated 15.08.2015.

3.When the first complaint dated 10.08.2015, was not taken up

for investigation, the petitioner had approached this Court by filing a petition under Section 482 Cr.P.C., seeking indulgence of this Court to direct the second respondent namely, the Sub Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District, to register the case based on his complaint dated 10.08.2015. Recording the undertaking given by the respondent to look into the complaint, this Court has closed the petition by order dated 25.09.2015.

4.As far as the second complaint dated 15.08.2015, is concerned, it is now brought to the notice of this Court that the second respondent has completed the investigation and filed a closure report as mistake of fact, against which a petition has been filed by the petitioner and the same is pending. 5.As far as the complaint dated 10.08.2015, it is reported by the learned Government Advocate (Crl.Side) that they have not proceeded any further in the said complaint and within three months they will complete the investigation and file a final report. Though this Court by order dated 25.09.2015 in Crl.O.P.(MD) No.18437 of 2015 taken note of non registration of FIR and expected the investigation agency to look into the complaint dated 10.08.2015 and complete the investigation within three months in accordance with law.

Even after lapse of more than three months, it is submitted final report not filed. Therefore, this Court directs the first respondent / The Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District, to take up the investigation of the complaint given by the petitioner herein on 10.08.2015 and complete the investigation within a period of three months from today and file a final report before the concerned Magistrate. 6.With these above directions, this criminal revision case is disposed of.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-I) To

1. The Judicial Magistrate, Rajapalayam.

2. The Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District.

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

+ 1 CC TO Mr.M.SOLAISAMY, ADVOCATE IN SR No. 79141 MM DS/SKN/SAR-1 : 04/09/2018 : 3P/5C Crl.R.C.(MD) No.441 of 2018 16.08.2018