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Madras High CourtCRL OP(MD)/5655/2018dismissed

R.Rajendran, v. The Inspector Of Police,

2019-10-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.5655 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2019 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.5655 of 2018 R.Rajendran ... Petitioner Vs.

1. The State represented by The Inspector of Police, Surandai Police Station, V.K.Pudur Taluk, Tirunelveli District.

... 1st Respondent/Complainant 2.Vignesh Durai ... 2nd Respondent/Defacto Complainant Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first respondent police for further investigation in C.C.No.455 of 2016 on the file of the learned Judicial Magistrate, Aalangulam regarding the involvement of Vehicle in the accident and the same to be monitor by the competent higher authority.

For Petitioner : Mr.K.Rajamahendran For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

This petition has been filed to direct the first respondent police for further investigation in C.C.No.455 of 2016 on the file of the learned Judicial Magistrate, Aalangulam.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (criminal side) for the first respondent.

3. The case has been lodged by the petitioner in Crime No.185 of 2015 and the same was taken cognizance in C.C.No.455 of 2016 before the learned Judicial Magistrate, Aalangulam and the same was pending for trial. Now, the petitioner sought for further investigation in the said crime number, since his vehicle is not at all involved in the accident. The accused cannot seek for further investigation, since already investigation was completed and final report was also filed.

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Crl.O.P.(MD)No.5655 of 2018

4. The petitioner has to dispose the case of the prosecution before the Trial Court. Therefore, this Criminal Original Petition is dismissed. The learned Magistrate is directed to complete the trial in C.C.No.455 of 2016 within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The Inspector of Police, Surandai Police Station, V.K.Pudur Taluk, Tirunelveli District.

2. The learned Judicial Magistrate, Aalangulam.

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

+1 CC to Mr.K.RAJMAHENDRAN, Advocate (SR-93152[F] dated 21/10/2019 ) Crl.O.P.(MD)No.5655 of 2018 18.10.2019 DSS MK (05.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2