Ponmuthu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Ponmuthu

...Petitioner/Defacto Complainant

Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Sub Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to issue a direction to the second respondent police to complete the investigation and to file a final report in Crime No.252 of 2021 on the file of the second respondent police, within a period that may be stipulated by this Court. Petitioner : Mr.R.Udhayakumar For R1 - R2 : Mr.R.Sureshkumar Government Advocate (Crl.side)

ORDER

This petition has been filed seeking a direction to direct the second respondent to complete the investigation and to file a final report in Crime No.252 of 2021 on the file of the second respondent police, within a period that may be stipulated by this Court.

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2.The learned counsel appearing for the petitioner submitted that the petitioner lodged a complaint against the accused persons 1 to 3 along with one Muruganathan, Sub Inspector of Police. But the case has been registered against the accused Nos.1 to 3 alone in Crime No.252 of 2021 for the offence under Sections 294(b), 324, 506(ii) IPC and the second respondent police has omitted the main accused namely Muruganthan. Hence, he filed this petition. 3.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the investigation in Crime No.252 of 2021 has been completed and final report has also been filed before the learned Judicial Magistrate No.I, Kadaladi, for the offence under Sections 294(b), 324, 506(ii) IPC.

4.I have considered the submission of the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side) appearing for the respondent police.

5.On a perusal of records, it is seen that the petitioner has filed a petition to direct the second respondent police to file a final report. But in this case, investigation has been completed and final report has also been filed before the learned Judicial Magistrate No.I, Kadaladi for the offence under 2/4

Sections 294(b), 324, 506(ii) IPC. According to the petitioner, one Murugananthan, Sub Inspector of Police name was omitted in the final report. 6.In view of the above, this Criminal Original Petition stands closed with liberty to the petitioner to file an appropriate petition for the omission of the accused before the concerned Judicial Magistrate. 05.07.2022 Index : Yes / No Internet : Yes/ No vsd To 1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Sub Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

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

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V.SIVAGNANAM, J.

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