Madras High CourtCRL OP(MD)/12031/2018dismissed

Bahuleyan Nair v. The Superintendent Of Police

2019-11-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP[MD]No.12031 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.OP[MD]No.12031 of 2018 Bahulleyan Nair ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.State rep. By The Inspector of Police, Economic Offences Wing, (Finance Institution), Kanyakumari District At Nagercoil.

(Crime No.1 of 2017) ... Respondents PRAYER: Petition is filed under Section 482 of Cr.P.C, to direct the 2nd respondent to conduct proper enquiry and to add one Sreejith and Nandhakumar as accused in Crime No.1 of 2017 on the file of the 2nd respondent and to investigate the matter.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition is filed to direct the second respondent to conduct proper enquiry and to add one Sreejith and Nadhakumar as accused in Crime No.1 of 2017 on the file of the second respondent and to investigate the matter.

2.The learned Government Advocate (Crl.side) appearing for the respondent / Police would submit that the investigation has been completed in Crime No.1 of 2017 and final report has also been filed and the same has been taken on file by the trial Court and hence, the prayer sought for by the petitioner cannot be considered at this stage.

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Crl.OP[MD]No.12031 of 2018 3.Recording the said submission, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to invoke provisions under Section 216 of Cr.P.C to add some other offences and also some other accused persons before the trial Court during the trial.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Inspector of Police, Economic Offences Wing, (Finance Institution), Kanyakumari District At Nagercoil.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-98663[F] dated 15/11/2019 ) Crl.OP[MD]No.12031 of 2018 14.11.2019 JMN(12.12.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2