Madras High CourtCRL OP(MD)/13228/2021disposed of

Mandeeswaran v. The Inspector Of Police

2021-09-09Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD) No.13228 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13228 of 2021 Mandeeswaran ... Petitioner Vs.

State represented by The Inspector of Police, Kallimandiyam Police Station, Dindigul District.

In Crime No.152 of 2017 ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent to file the charge sheet in Crime No.152 of 2017 on the file of the respondent within the time stipulated by this Court.

For Petitioner : Mr.J.Lawrance For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side)

ORDER

This petition is filed seeking direction to the respondent to complete the investigation and file a charge sheet in Crime No.152 of 2017 within the time stipulated by this Court. 2.The petitioner is the defacto complainant in Crime No.152 of 2017, which was registered for the offences punishable under Section 429 of IPC on 12.09.2017. Now, the grievance of the petitioner herein is that even after a lapse of 4 years, investigation has not been completed and the accused has not been identified. 3.The learned Additional Public Prosecutor (Crl.side) appearing for the respondent would submit that so far 8 witnesses have been examined and the medical analysis report has not been received so far.

4.It is seen that even though the sample has been sent on 04.01.2018, now more than 31⁄2 years lapsed. By this time, the medical analysis report would have been received by the respondent. Further, it is brought to the notice of this Court by the learned counsel for the petitioner that the suspected persons have been arrayed as https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.13228 of 2021 parties in Crl.O.P.(MD) No.13309 of 2019, which has been filed by this petitioner seeking police protection. The petitioner would state that these respondents are the suspected persons. 5.In view of the above, the respondent herein is directed to take the statement of this petitioner on this aspect and proceed further and so that the report is sent immediately and by completing the investigation and file a final report within a period of 3 months from the date of receipt of a copy of this order. 6.With the aforesaid directions, this petition is disposed of. Sd/- Assistant Registrar ( ) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Inspector of Police, Kallimandiyam Police Station, Dindigul District.

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

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-28872[F] dated 13/09/2021 ) Crl.O.P.(MD)No.13228 of 2021 09.09.2021 RK (24.09.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2