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Madras High CourtCRL OP(MD)/17534/2024disposed of

S.Thangavel v. The State Of Tamil Nadu

2024-10-17Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.Thangavel ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Rajapalayam Sub-Division, Virudhunagar District.

3.The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 B.N.S.S., to direct the second respondent to further investigate in Crime No.317 of 2023 dated 25.11.2023 on the file of the third respondent and file the final report with appropriate sections, within a stipulated time as may be fixed by this Court.

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For Petitioner : Mr.D.Rajaboopathy For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed seeking orders to direct the second respondent to further investigate the case in Crime No. 317 of 2023 dated 25.11.2023 on the file of the third respondent and file the final report with appropriate sections, within a stipulated time as may be fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that though the petitioner has lodged a complaint alleging that bath room was demolished, the respondent police, after registering the FIR on 25.11.2023, has not taken any action so far.

3. The learned Additional Public Prosecutor appearing for the respondents would submit that previously on the basis of the complaint given by the petitioner, CSR came to be registered and after enquiry, the same was ordered to be closed and subsequently on the basis of the 2/6

complaint given by the petitioner, the present FIR came to be registered in Crime No.317 of 2023 on 25.11.2023 for the alleged offences under Sections 147, 294(b), 323, 427 and 506(1) IPC and investigation is pending. He would further submit that septic tank came to be constructed in the public pathway and that was the reason for the dispute between the parties.

4. The learned counsel appearing for the petitioner would submit that though the petitioner has given complaint against two named persons and four unknown persons, they have not identified the accused so far.

5. Considering the above, the third respondent is directed to proceed with the investigation in Crime No.317 of 2023 and complete the same within a period of two months from the date of receipt of a copy of this order and the second respondent is directed to monitor the investigation.

6. With the above directions, this Criminal Original Petition stands 3/6

disposed of.

17.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Rajapalayam Sub-Division, Virudhunagar District.

3.The Inspector of Police, Dhalavaipuram Police Station, Virudhunagar District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 17.10.2024 6/6