Madras High CourtCRL OP(MD)/17931/2021allowed

A.Saravanan v. The Assistant Commissioner Of Police

2021-11-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17931 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17931 of 2021 A.Saravanan ... Petitioner Vs.

1.The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Town Crime Sub Division, Tirunelveli City.

2.State represented through The Inspector of Police, City Crime Branch, Tirunelveli City.

(Crime No.42 of 2018) ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents to file the final report in respect of Crime No.42 of 2018 dated 26.10.2018 before the concerned Judicial Magistrate within the time that may be stipulated by this Court.

For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

The defacto complainant in Crime No.42 of 2018 on the file of the second respondent is the petitioner herein. Though more than three years have elapsed, till date final report has not been filed. The stand of the second respondent appears to be that since one of the accused is absconding, they could not file the final report. Nothing prevents the second respondent from filing the final even against absconding accused. Therefore, the second respondent is directed to file the final report on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

2.The criminal original petition is allowed on these terms. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17931 of 2021 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 Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Town Crime Sub Division, Tirunelveli City.

2.The Inspector of Police, City Crime Branch, Tirunelveli City.

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

Crl.O.P(MD)No.17931 of 2021 17.11.2021 MA(CO) GC(26.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2