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Madras High CourtCRL OP(MD)/17100/2021disposed of

M.Abdul Subahan v. The Inspector Of Police

2021-11-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.17100 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.11.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17100 of 2021 M.Abdul Subahan ... Petitioner Vs.

State through The Inspector of Police, District Crime Branch, Madurai (Crime No.180/2012) ... Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent to investigate the case in crime No.180 of 2012 and to file the final report within a specific period as fixed by this Court. For Petitioner : Mr.K.M.Mohamed Ali For Respondent : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the respondent to investigate the case in crime No.180 of 2012 and to file the final report within a specific period as fixed by this Court.

2. The petitioner is the defacto complainant in Crime No. 180 of 2012, which was registered for the offences punishable under Sections 406, 419, 420,468, 471 and 506(i) IPC. Earlier, Crl.O.P (MD)No.19142 of 2018 has been filed by the petitioner seeking direction for early disposal and that petition was allowed and direction was issued to complete the investigation within a period of two months from the date of receipt of a copy of that order. Since a direction has been made earlier, second direction cannot be granted.

3. The learned Additional Public Prosecutor would submit that before filing of Crl.O.P(MD)No.19142 of 2018, the Additional Director General of Police, Chennai, has issued the proceedings dated 08.11.2018, transferring the case to the file of the City Crime Branch, Madurai, for further investigation. It appears that the above said direction was unfortunately not brought to the notice of this Court when the order was passed on 26.10.2018. It appears that only because of that, the copy of that order was also not marked to the City Crime Branch Madurai. It is a communication gap.

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Crl.O.P.(MD)No.17100 of 2021

4. Let the City Crime Branch, Madurai comply the order that has been passed by this Court dated 26.10.2018. After process is over, compliance report must be sent to the Registry. The Registry is directed to mark the copy of the order in Crl.O.P(MD)No.19142 of 2018 dated 26.10.2018 to the Inspector of Police, City Crime Branch, Madurai along with this order copy.

5. With the above direction, this petition is disposed of. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Inspector of Police, District Crime Branch, Madurai.

2. The Inspector of Police, City Crime Branch, Madurai.(along with the copy of the order dated 26.10.2018 made in Crl OP(MD).No.19142 of 2018)

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

Copy to The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.M.MOHAMMED ALI, Advocate ( SR-33825[F] dated 09/11/2021 ) Crl.O.P.(MD)No.17100 of 2021 02.11.2021 RK(14/12/2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2