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Madras High CourtCRL OP(MD)/10829/2021dismissed

Chandrakumar.S v. The Superintendent Of Police

2021-08-06Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10829 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10829 of 2021 S.Chandrakumar ... Petitioner/Accused Vs.

1.The State, Rep by its Superintendent of Police, Tenkasi, Tenkasi District.

...1st Respondent 2.The Inspector of Police, Sankarankovil Police Station, Sankarankovil, Tenkasi.

(Crime No.317/2018) ...2nd Respondent/ Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents to consider the petitioner's representations dated 17.08.2020 and 22.07.2021 and further investigate the case in Crime No.317 of 2018 on the file of the second respondent herein and to take appropriate action in accordance with law.

For Petitioner : Mr.S.Manikandan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition is filed to direct the respondents to consider the petitioner's representations dated 17.08.2020 and 22.07.2021 and further investigate the case in Crime No.317 of 2018 on the file of the second respondent herein.

2.The case of the petitioner is that after completing the investigation in above Crime No.317 of 2018, Final Report was filed before the Judicial Magistrate Court, Sankarankovil, which is taken on file in CC No.10 of 2020. The grievance of the petitioner is that without any proper investigation, a case has been registered and Final Report was also filed. Seeking further investigation, he sent representations setting out various facts and circumstances in his representations. But inspite of that, investigation has been completed and Final Report was filed. On that ground, he seeks further investigation.

3.The learned Additional Public Prosecutor would submit https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10829 of 2021 that the case has been registered and Final Report was also presented before the concerned Court, further investigation at this stage is not possible and the petitioner may be directed to work out his remedy by facing trial.

4.Heard both sides.

5.The only grievance that has been expressed by the petitioner is that the representations sent by the petitioners have not been considered so far and without making proper investigation, Final Report has been filed. He has set out the facts and circumstances in his representation. Whether the petitioner is actually involved in the occurrence cannot be a matter for discussion in this matter and it is a matter for trial. Since investigation has been completed and the Final Report was filed, the petitioner has to face trial proceedings and work out his remedy before the trial Court. Liberty is open to the petitioner to seek appropriate remedy before the concerned Court, if he is still aggrieved by the Final Report.

6.With the above observations, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Tenkasi,Tenkasi District.

2.The Inspector of Police, Sankarankovil Police Station, Sankarankovil, Tenkasi.

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

Crl.O.P.(MD)No.10829 of 2021 06.08.2021 RD(16.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2