Madras High CourtCRL OP(MD)/17091/2023disposed of

Dr.B.Rajendran v. The Inspector Of Police

2023-09-26Honourable Dr. Justice D.Nagarjun6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD)Nos.17091, 17094 and 17096 of 2023 Crl.O.P.(MD)No.17091 of 2023:- Dr.B.Rajendran ... Petitioner Vs.

State represented by The Inspector of Police, (in Cr.No.1210 of 2020) ..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue direction to the respondent for expedite the investigation in Cr.No.1210 of 2020 for the alleged offences under Sections 294(b), 323, 336, 341 and 506(i) of IPC registered on 25.11.2020 on the file of the Inspector of Police, Thottiyam and to file final report by including all accused involved in the crime based on the representation dated 08.01.2021 within a time frame fixed by this Court. 1/6

Crl.O.P.(MD)No.17094 of 2023:- Dr.B.Rajendran ... Petitioner Vs.

State represented by The Inspector of Police, (in Cr.No.54 of 2021) ..Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to issue direction to the respondent for expedite the investigation in Cr.No.54 of 2021 for the alleged offences under Sections 294(b) and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, registered on 13.01.2021 on the file of the Inspector of Police, Thottiyam and to file final report with all accused names based on the representations dated 22.06.2011, 27.06.2011 and 08.01.2021 within a time frame fixed by this Court. Crl.O.P.(MD)No.17096 of 2023:- Dr.B.Rajendran ... Petitioner Vs.

1.State represented by The Inspector of Police, (in Cr.No.121 of 2020) 2/6

2.M.Subramanian ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the Cr.No.1211 of 2020 for the alleged offence under Sections 294(b), 323and 506(i) of IPC registered on 25.11.2020 on the file of the Thottiyam Police Station and quash the same as illegal as against the petitioner herein.

For Petitioner :Mr.B.Rajendran For Respondent :Mr.B.Thanga Aravindh Government Advocate (Criminal) **** COMMON O RDER These Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police to complete the investigation in Crime Nos.1210 of 2020, 54 of 2021 and 1211 of 2020.

2.Insofar as Crl.O.P.(MD) No.17091 of 2023 is concerned, the learned Government Advocate (Crl.side) submits that so far 9 witnesses have been examined and the police are in the process of completion of the investigation and within short time, they will complete the investigation and file the charge sheet. 3/6

Insofar as Crl.O.P.(MD) No.17094 of 2023 is concerned, it is submitted that the investigation has already been completed and closed as mistake of fact and RCS notice was also served on the defacto complainant. Insofar as Crl.O.P.(MD) No. 17096 of 2023 is concerned, it is submitted that the police have completed the investigation and the charge sheet is ready to be filed and reported that within shortly, they are going to file the charge sheet. 3.Accordingly, these Petitions ares disposed of with the following directions:- i) In Crl.O.P.(MD) No.17091 of 2023, the respondent police are directed to complete the investigation and file the charge sheet in Crime No.1210 of 2020 as quickly as possible, not later than 4 weeks from the date of receipt of a copy of this order.

ii) Insofar as Crl.O.P.(MD) No.17094 of 2023 is concerned, since the investigation has already been completed and final report is also filed, the petitioner is at liberty to approach the concerned Magistrate and file a petition protesting the closure of the complaint.

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iii) Insofar as Crl.O.P.(MD) No.17096 of 2023 is concerned, since the investigation has already been completed and the charge sheet is about to be filed, the respondent police are directed to file final report within a period of two weeks from the date of receipt of a copy of this order. The petitioner is at liberty to challenge the charge sheet, in case if he is aggrieved by the outcome of the investigation.

Speaking : Yes / No 26.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Inspector of Police, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)Nos.17091, 17094 and 17096 of 2023 26.09.2023 6/6