Madras High CourtCRL OP(MD)/15725/2020disposed of

S.Balasubramanian v. The Superintendent Of Police

2021-01-04Honourable Mrs Justice R. Hemalatha2 pages

Crl.OP(MD)No.15725 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA Crl.OP(MD)No.15725 of 2020 S.Balasubramanian ... Petitioner/Defacto Complainant vs.

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

2.The Sub Inspector of Police, Appanthirupathy Police Station, Madurai District.

(Crime No.138/2017) ... Respondents/Defendants PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code to direct the second respondent to conduct fair and impartial investigation and to file a final report in Crime No.138/2017 dated 25.06.2017.

For Petitioner :Mr.V.Thirumal For Respondents :Mr.S.Chandrasekar, Additional Public Prosecutor

O R D E R

The petitioner has come out with the present petition alleging that he purchased the property through a Registered Sale Deed dated 24.05.2010 from one Mohan and that the said Mohan mortgaged the property on 20.04.2011 with the connivance of the officials in the Sub Registrar Office, Thamaraipatti situate at Chittampatti Village, Madurai District.

2. The specific contention of the petitioner is that though he lodged a complaint with the police on 25.06.2017 about the fraud committed by his vendor and the First Information Report was also registered in Crime No.138/2017 for the alleged offences punishable under Sections 147, 406, 420, 294(b) and 506(i) of IPC, the police have not yet filed the final report before the concerned Magistrate Court.

3. Mr.S.Chandrasekar, learned Additional Public Prosecutor takes notice for the respondents and would submit that the investigation in Crime No.138/2017 is almost completed and that they are waiting for the Forensic Experts Report. He also prayed for three months time to file the final report.

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Crl.OP(MD)No.15725 of 2020

4. In view of the above submissions, the Sub Inspector of Police, Appanthirupathy Police Station, Madurai District is directed to complete the investigation in Crime No.138/2017 and file the final report within a period of 3 months from the date of uploading of the order.

5. With the above observations, this petition is disposed of. Sd/- Assistant Registrar (Records) // 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, Madurai District, Madurai.

2.The Sub Inspector of Police, Appanthirupathy Police Station, Madurai District.

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

Crl.OP(MD)No.15725 of 2020 04.01.2021 MJ (CO) NR (18/01/2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2