Madras High CourtCRL MP(MD)/11083/2022allowed

The Inspector Of Police v. T.Muthupandi

2022-09-23Honourable Mr Justice Sathi Kumar Sukumara Kurup3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Friday, the Twenty Third day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP in CRL OP(MD)No.4263 of 2021 The Inspector of Police CBCID Sivagangai District.

... Petitioner/Investigating Officer Vs 1 T.Muthupandi 2 The Additional Director General of Police (CB-CID) SIDCO Electronic Complex Block No. 3 1st Floor Guindly Industrial Estate Chennai -600032.

3 The Superintendent of Police Office of the Superintendent of Police Sivagangai District.

4 The Inspector of Police Madagupatti Police Station Sivagangai District.

5 The Dean Government Medical College Hospital Sivagangai District.

6 Dr.Senthilkumar Aswin Health care Clinic Madagupatti ... Respondents/Respondents Prayer :- CRL MP(MD). No.11083 of 2022 Criminal Miscellaneous Petition filed under section 482 of Cr.p.c. To grant Extension of Time for the period of six months to file the Final Report in Crime No. 1 of 2021 on the file of the Inspector of Police, CBCID, Sivagangai which was transferred from the third Respondent in Crime No. 28 of 2021 as per the order. 1/3

Prayer in CRL OP(MD). 4263/ 2021 :

Criminal Original Petition filed under section 482 of Cr.p.c. To direct the Respondent No. 2 to withdraw the case in Crime No. 28/2021 dated 04.02.2021 on the file of the Respondent No. 3 and entrust the same to the Respondent No. 1 for completion of investigation and filing charge sheet in accordance with law within the time stipulated by this court.

ORDER:- This Criminal Miscellaneous 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.T.Senthilkumar Additional Public Prosecutor on behalf of the Petitioner and of Mr.R.Alagumani Advocate for the first respondent, this Court made the following order:

This petition has been filed to extend the time limit to file a final report in Crime No.1 of 2021 on the file of the Inspector of Police, CBCID, Sivagangai, which was transferred from the file of the third respondent.

2.The learned Additional Public Prosecutor appearing for the petitioner submitted that as per the reported Rule of the Hon'ble Supreme Court in the case of Jacob Mathew Vs., State of Punjab & another reported in 2005 (6) SCC 1, the Investigation Officer has to obtain opinion from the Director of Medical Health and Rural Development, Chennai, regarding the complaint of medical negligent. Therefore, he seeks further time for a period of six months. 3.Considering the nature of allegations, time was extended for a period of six months from today (i.e.,23.09.2022) to complete the enquiry and file a final report in Crime No.1 of 2021. Accordingly, this Criminal Miscellaneous Petition is allowed. Sd/- Assistant Registrar (CS-II) // True Copy // /10/2022 Sub Assistant Registrar(CS) TO

1. The Additional Director General of Police (CB-CID) SIDCO Electronic Complex Block No. 3 1st Floor Guindly Industrial Estate Chennai -600032.

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2. The Superintendent of Police Office of the Superintendent of Police Sivagangai District.

3. The Inspector of Police Madagupatti Police Station Sivagangai District.

4. 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 (2 COPIES) ORDER DATED : 23/09/2022 ========================== Extension of Time ========================== in CRL OP(MD)4263 of 2021 Giving direction and etc.

as stated within.

RD(10/10/2022) 3P 7C 3/3