The Inspector Of Police v. M.Vigneshwar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Jurisdiction Tuesday, the Twenty Sixth day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALISHANKAR in CRL RC(MD) NO.159 of 2022
1. The Inspector of Police, Palayamkottai Police Station, Tirunelveli District.
2. Mr. John Britto The Assistant Commissioner of Police (L & O), Palayamkottai, Tirunelveli.
... Petitioners/Respondents/Complainant Vs
1. M. Vigneshwar ... 1st Respondent/Petitioner/ Defacto Complainant
2. S. Vaikundarajan
3. Yusuf ... Respondents 2 and 3/Respondents 3 and 4/ Accused Prayer in CRL MP(MD). No.8226 of 2022 :- This petition filed under section 482 Cr.P.C., to extend the time for further period of three months mentioned in Crl.R.C.(MD) No. 159 of 2022, Dated 22.02.2022 to complete the investigation in the Crime No. 256 of 2022 on the file of the petitioner detachment and pass such further orders.
Prayer in CRL RC(MD) NO.159 of 2022 This Criminal Revision has been filed under section 397 r/w 401 of Criminal Procedure Code, to setaside the order passed by the II Additional District Judge, (PCR Court), Tirunelveli in Cr.M.P. No. 643 of 2021 vide order dated. 15.07.2021 and set aside the same. 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 Mr. R. Meenakshi Sundaram, Additional 1/3
Public Prosecutor, for the Petitioner and of Mr. R. Anand, Advocate for the 1st respondent, and there was no appearance for respondents 2 and 3, this Court made the following order:
This petition has been filed seeking orders to extend the time for further period of three months to complete the investigation in Crime No.256 of 2022 in pursuance of the directions of this Court passed in Crl.R.C(MD)No.159 of 2022, dated 22.02.2022. 2.This Court while dismissing the Criminal Revision, directed the second respondent to register the First Information Report as against the accused persons within a period of one week from the date of receipt of copy of that order and conduct enquiry and dispose of the same on merits and in accordance with law, within a period of eight weeks thereafter.
3.The second petitioner, in the affidavit filed in support of the above petition has stated that the pen drive, which was seized, produced before the II Additional District Sessions Court, Tirunelveli on 08.12.2022 and subsequently, the same was sent to the Forensic Laboratory, Chennai for comparison on 15.06.2022 and the report is awaited.
4. The learned counsel for the first respondent submitted that though the pen driver was very much available on 22.02.2022, they have not taken immediate steps and that since the accused himself has admitted his presence at the occurrence place, the question of sending the pen drive to Forensic Laboratory is not necessary and it is only time consuming.
5. Considering the above facts and circumstances and also the reasons assigned, this Court is inclined to grant two moths time to comply with the directions of this Court, dated 22.02.2022.
6. Accordingly, this petition is allowed and time is extended by two months from the date of receipt of copy of this order. Sd/- Assistant Registrar (CS-III) // True Copy // /08/2022 Sub Assistant Registrar(CS) TO
1. The II Additional District Judge, PCR Court, Tirunelveli.
2/3
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 26/07/2022 ========================== EXTENSION OF TIME ========================== in CRL RC(MD) NO.159 of 2022 Giving direction and etc.
as stated within.
RD(01/08/2022) 5P 4C 3/3