Madras High CourtCRL OP(MD)/14052/2020closed

B.Madhankumar v. The Superintendent Of Police

2020-12-08Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.14052 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.14052 of 2020 B.Madhankumar ... Petitioner/Defacto Complainant Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Sub Inspector of Police, Thuckalay Police Station, Kanyakumari District. ... Respondents/Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the second respondent police to file a charge sheet in Crime No.317 of 2017 within a stipulated time fixed by this Court.

For Petitioner : Mr.C.Sankar Prakash For Respondents : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

This criminal original petition has been filed to direct the second respondent police to file a charge sheet in Crime No.317 of 2017 within a time frame.

2.The learned counsel appearing for the petitioner would submit that his Tata Indica Vesa Car bearing Reg.No.TN 75 R 2614, cash of Rs.20,000/- and gold ornaments of 23 1⁄2 sovereign worth about Rs.10,00,000/- were stolen. Hence, the petitioner preferred a complaint before the second respondent police and the same was registered in Crime No.317 of 2017 for the offence punishable under Sections 457 and 380 IPC. He would further submit that after registration of the First Information Report, the respondent police has not investigated the case properly and hence, the petitioner filed the present petition seeking the aforesaid relief. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14052 of 2020 3.The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that the respondent police has investigated the case and closed the same as "undetected". He would further submit that RCS notice has also been served to the petitioner.

4.In view of the above submission, the petitioner has to approach the appropriate forum for his remedy. Accordingly, this criminal original petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 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, Kanyakumari District, Nagercoil.

2.The Sub Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

Crl.O.P.(MD)No.14052 of 2020 08.12.2020 VB (30.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2