Madras High CourtCRL OP(MD)/2992/2017closed

V. Nagarajan v. The Deputy Superintendent Of

2019-09-27Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.(MD).No.2992 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.2992 of 2017 V.Nagarajan ... Petitioner Vs.

1) The Deputy Superintendent of Police, Karur Town, Karur.

2) The Superintendent of Police, Karur District, Karur.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to notice R.C.S.No.3 of 2017, dated 24.01.2017 issued by the first respondent in closing the investigation as not detectable in Crime No.988 of 2011, which was despatched on 07.02.2017 and received by the petitioner on 11.02.2017 and set aside the same.

For Petitioner : Mr.K.Baalasundaram For Mr.V.Pushpanathan For Respondents : Mr.R.Anandraj, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed challenging the closure of the investigation by the respondent police in Crime No.988 of 2011 as 'undetectable'.

2. This Court, already held that, the case which is 'undetectable' is only a stage in investigation and a closure report cannot be filed on that ground. Useful reference is made to the judgment of this Court made in a batch of cases viz. Manohari vs. the District Superintendent of Police(batch) reported in (2018) 2 L.W. (Crl.) 636.

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Crl.O.P.(MD).No.2992 of 2017

3. In view of the above, the case that has been closed by the respondent police as 'undetectable' is set aside and the respondent police is directed to continue further with the investigation in accordance with law and complete the investigation as expeditiously as possible and file a final report. Accordingly, this Criminal Original Petition is Allowed.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) sts To

1) The Deputy Superintendent of Police, Karur Town, Karur.

2) The Superintendent of Police, Karur District, Karur.

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

Order made in Crl.O.P.(MD).No.2992 of 2017 Dated:

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