Madras High CourtCRL OP(MD)/13872/2021disposed of

Senthilkumar v. The Superintendent Of Police

2021-09-20Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.13872 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.13872 of 2021 Senthilkumar ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai, Pudukkottai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents to complete the investigation in Crime No.292 of 2019 on the file of the second respondent and file a final report into the jurisdictional Magistrate within a stipulated period.

For Petitioner : Mr.R.P.Ramachanthiran For Respondents : Mr.K.Sanjai Gandhi Government Advocate

ORDER

This petition is filed seeking direction to direct the respondents to complete the investigation in Crime No.292 of 2019 on the file of the second respondent and file a final report into the jurisdictional Magistrate within a stipulated period. 2.The learned counsel for the petitioner would submit that the petitioner's statement has not been recorded under Section 161(iii) of Cr.P.C. by the investigation officer.

3.Based on the submission made by the learned counsel for the petitioner, this Court directed the learned Government Advocate to produce the CD file before this Court.

4.As per the direction of this Court, the learned Government Advocate has produced the CD file before this Court. 5.Heard both sides and the perused the CD file. 6.On perusal of the CD file, it is seen that the investigating officer has not recorded the 161 of Cr.P.C. statement of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13872 of 2021 petitioner till date.

7.Considering the facts and circumstances of this Case, this Court directs the second respondent to record the statement of the petitioner and to complete the investigation and also file a final report before the concerned Court within a period of three months from the date of receipt a copy of this order. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Ganesh Nagar Police Station, Pudukkottai, Pudukkottai District.

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

+1 CC to M/s.R.P.RAMACHANTHIRAN, Advocate ( SR-29646[F] dated 20/09/2021 ) Crl.O.P(MD)No.13872 of 2021 20.09.2021 RS (29.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2