Madras High CourtCRL OP(MD)/16128/2022disposed of

R. Silambarasan v. The Inspector Of Police

2022-11-01Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P (MD) No.16128 of 2022 R.Silambarasan

...Petitioner

vs The Inspector of Police, Nagamalai, Pudhukottai, Madurai District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the Respondent police to file the final report before the learned Judicial Magistrate Court No.VI, Madurai in respect of the FIR in Crime No.289 of 2021 dated 01.07.2021 within the time limit that may be stipulated by this Court.

For Petitioner : No appearance For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to direct the Respondent to file the final report before the learned Judicial Magistrate Court No.VI, Madurai in respect of Crime No.289 of 2021 dated 01.07.2021.

2.As per the contents of the petition, the Petitioner had given the complaint on 30.06.2021 stating that the jewels were lost on the way from the Bank to his residence. The FIR was registered on 01.07.2021 in Crime No.289 of 2021 for the offence under Section 379 IPC. 3.When the case came up for hearing on the earlier occasion, the learned Additional Public Prosecutor for the Respondent sought three months time to complete the investigation. Therefore, this Court had sought the CD file.

4.Perusal of CD file, it is found that the statement of none of the witnesses had been recorded. Therefore, no purpose will be served by granting sufficient time. The Superintendent of Police, Madurai Rural is 2/4

directed to withdraw the case in Crime No.289 of 2021 from the file of the Respondent herein and to hand over the same to the competent Officer in his assessment. The Superintendent of Police, Madurai Rural is also directed to supervise the investigation by the Officer not below the rank of Deputy Superintendent of Police. The final report shall also be filed within a reasonable period of three months from the date of receipt of a copy of this order. If any lapse is found on the Investigation Officer/the Respondent herein, who had seized of the investigation from 01.07.2021, the Superintendent of Police, Madurai Rural may proceed with the departmental enquiry against him.

5.With the above direction, this Criminal Original Petition is disposed of.

Internet:Yes/No 01.11.2022 Index:Yes/No mm To 1.The Superintendent of Police, Madurai Rural.

3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm 2.The Inspector of Police, Nagamalai, Pudhukottai, Madurai District.

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

Crl.O.P (MD) No.16128 of 2022 01.11.2022 4/4