Madras High CourtCRL OP(MD)/19314/2021disposed of

K.Ponnaiah v. The Inspector Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19314 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19314 of 2021 K.Ponnaiah ... Petitioner/ Defacto Complainant Vs The State rep. by The Inspector of Police, Pavoorchatram Police Station, Tirunelveli District.

In Crime No.4 of 2021 ... Respondent/ Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents to file the final report in Crime No.4 of 2021 under Sections 294(b), 323 and 427 of IPC, dated 03.01.2021 on the file of the respondent within the time frame stipulated by this Court.

For Petitioner : Mr.G.Anto Prince For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

The defacto complainant in Crime No.4 of 2021 on the file of the respondent is the petitioner herein.

2. This Criminal Original Petition has been filed for directing the respondent to file final report.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that positive final report has been made ready and that the same will be filed before the jurisdictional Court within three months.

4. I wanted to know as to why three months' time is sought, even though the final report is made ready.

5. The learned Government Advocate (Crl.) submitted that since the approval of the learned Additional Public Prosecutor has to be obtained, he may require time.

6.I am not able to appreciate this contention. The Director of Prosecution is called upon to consider this issue. I note that citing the reason that the matter is pending approval by the Additional Public Prosecutor, filing of final report is being delayed. Therefore, the Director of Prosecution, Tamil Nadu Urban Habitat Development Board, Annex Building 1st Floor, No.5 Kamarajar Salai, Chennai-600 005, is called upon to issue circular prescribing the outer time limit in the matter of grant of approval in such https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.19314 of 2021 matters. The respondent herein is directed to file the final report within a period of three weeks from the date of receipt of a copy of this order.

7. This Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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, Pavoorchatram Police Station, Tirunelveli District.

2.The Director of Prosecution, Tamil Nadu Urban Habitat Development Board, Annex Building 1st Floor, No.5 Kamarajar Salai, Chennai-600 005 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.ANTO PRINCE, Advocate ( SR-37530[F] dated 07/12/2021 ) Crl.O.P(MD)No.19314 of 2021 07.12.2021 RD(31.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4