R.B.Kannan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) Nos.12457, 12461 and 12467 of 2024 CRL.O.P (MD) No.12457 of 2024 R.B.Kannan ... Petitioner Vs Crime No.27/2013.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent to expedite the investigation and to file the final report in Crime No.28 of 2013 on the file of the Inspector of Police, District Crime Branch, Ramanathapuram District, within the stipulated period as fixed by this Court.

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For Petitioner : Mr.S.Balaji, For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) CRL.O.P (MD) No.12461 of 2024 R.B.Kannan ... Petitioner Vs Crime No.27/2013.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent to expedite the investigation and to file the final report in Crime No.27 of 2013 on the file of the Inspector of Police, District Crime Branch, Ramanathapuram District, within the stipulated period as fixed by this Court.

For Petitioner : Mr.S.Balaji, For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 2/7

CRL.O.P (MD) No.12467 of 2024 R.B.Kannan ... Petitioner Vs Crime No.26/2013.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent to expedite the investigation and to file the final report in Crime No.26 of 2013 on the file of the Inspector of Police, District Crime Branch, Ramanathapuram District, within the stipulated period as fixed by this Court.

For Petitioner : Mr.S.Balaji, For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) C O M M O N O R D E R These criminal original petitions have been filed seeking a direction to the second respondent to file the final reports in Crime Nos.28, 27 and 26 of 2013.

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2.The learned Counsel appearing for the petitioner submits that the respondent police have foisted those cases as against the petitioner. These complaints are pending from the year 2013 and he is facing the accusation for the past eleven years.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police submits that apart from these cases, the petitioner is also involved in yet another case and in these cases, a committee was constituted to settle the issue with the defacto complainant. Some of the jewels have also been returned by the petitioner. Since a committee was constituted and some of the amount was settled by the petitioner, the respondent police has not proceeded with the investigation. 4.This Court has considered the rival submissions made. 5.It appears that the criminal cases in Crime Nos.24, 26, 27 and 28 of 2013 were registered as against the petitioner. Apart from these cases, two other cases are also registered as against the petitioner in the year 2013, for 4/7

the offences under Sections 406 and 420 IPC. The respondent police are simply keeping the cases pending on the ground that a committee was formed to resolve the issue and some settlement was made by the petitioner to the defacto complainant.

6.This Court is of the view that the respondent police are not some settlement agent to take a decision regarding the settlement, which is made pursuant to the complaints. The respondent police is supposed to conduct an investigation with regard to the nature of complaint, by collecting evidence, instead of keeping it pending, that too for eleven years. 7.Therefore, this Court directs the Superintendent of Police, Ramanathapuramm District, to withdraw all these cases from the file of the District Crime Branch, Ramanathapuramm District and entrust the same with some other officer of his choice and ensure that the final reports are filed within a period of three months, from the date of receipt of a copy of this order.

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8.With the above direction, these criminal original petitions are disposed of.

02.08.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

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

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B.PUGALENDHI , J.

LR CRL.O.P (MD) Nos.12457, 12461 and 12467 of 2024 02.08.2024 7/7