Madras High CourtCRL OP(MD)/13300/2021closed

K. Velappan v. The Inspector Of Police

2021-09-09Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09/09/2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13300 of 2021 K.Velappan ... Petitioner Vs.

1.The Inspector of Police, Crime Branch, Palayamkottai Police Station, Tirunelveli.

2. Palavesam, Recovery Manager, Sri Ram Finance Company Ltd, Melapalayam.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records of the closure report filed by the first respondent before the learned Judicial Magistrate No.1, Tirunelveli in Cr.M.P.No.5149 of 2021 dated 17.04.2021, set aside the same and direct the first respondent to take appropriate action against the second respondent.

For Petitioner : M/s.K.Aayiram Selvakumar For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) for R1

O R D E R

This petition has been filed to call for the records of the closure report filed by the first respondent before the learned Judicial Magistrate No.1, Tirunelveli in Cr.M.P.No.5149 of 2021 dated 17.04.2021, set aside the same and direct the first respondent to take appropriate action against the second respondent.

2. The learned Judicial Magistrate No.I, Tirunelveli in Cr.M.P.No.5149 of 2021 dated 17.04.2021, directed the first respondent herein to complete the enquiry within a period of four weeks from the date of receipt of a copy of the order. Based upon the order, the enquiry was conducted by the first respondent police and during the course of enquiry, the petitioner did not co-operat for the enquiry. Therefore, the petitioner was advised to work out his remedy through appropriate civil proceedings. Based on the above said development, the case was closed.

3.The learned Additional Public Prosecutor would submit that the petitioner appeared before the enquiry officer and co-operated 1/3

with him to complete the investigation. Based on the statement made by the petitioners and others, it came to be closed and the report has also been filed before the Judicial Magistrate Mo.I, Tirunelveli.

(*)However, liberty is granted to the petitioner to file a petition before the concerned court to challenge the closure report in the manner to known to law With the above observations, this Criminal Original Petition stands closed.

Sd/- Assistant Registrar (CS-I) (*) amended as per order of this court dated 11.02.2022 Sd/- Assistant Registrar (AD I) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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 (*) to be substituted the order already despatched on 23.12.2021 1.The Judicial Magistrate No.I, Tirunelveli.

2.The Inspector of Police, Crime Branch, Palayamkottai Police Station,Tirunelveli.

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

Crl.O.P.(MD)No.13300 of 2021 09.09.2021 RJ(CO) SB(22.12.2021) 2P 4C RJ(CO) KB(24.02.2022) 2P 4C 2/3

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