Madras High CourtCRL OP(MD)/8272/2017disposed of

P. Sheela v. The Inspector Of Police

2019-09-04Honourable Mr Justice N. Anand Venkatesh2 pages

Crl.O.P.No.8272 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.09.2019

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.8272 of 2017 P.Sheela : Petitioner/Victim/ De-Facto Complainant Vs.

1.State by The Inspector of Police, City Crime Branch, Trichy City.

(Crime No.20 of 2017) : Respondent/Petitioner/ Complainant 2.Elanchezhiyan : Respondent/Respondent/ Accused Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records and set aside the order dated 19.04.2017 in Cr.M.P.No.2330 of 2017 passed by the Judicial Magistrate No.II, Trichy.

For Petitioner : Mr.T.Senthilkumar For R1 : Mr.M.Chandrasekaran Additional Public Prosecutor

O R D E R

This petition has been filed challenging the order passed by the Court below dismissing the application filed for taking the accused person in police custody.

2.It is brought to the notice of the Court that the accused person was produced before the Magistrate by PT warrant and the accused person was formally arrested in this case. Subsequently, he filed a bail petition before the Magistrate Court and the same was also rejected. The accused person was released from the jail on the ground that his remand was not extended by the Magistrate thereafter.

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Crl.O.P.No.8272 of 2017 3.The learned Additional Public Prosecutor on instructions submitted that the relevant documents have been seized by the respondent police in the course of investigation, even though police custody was not granted by the Magistrate Court. 4.Taking into consideration the fact that no police custody can be taken after 15 days from the date of arrest, nothing survives in this petition.

5.This Criminal Original Petition is disposed of with a direction to the respondent police to complete the investigation and file a final report in Crime No.20 of 2017 within a period of three months from the date of receipt of copy of this order. Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate No.II, Trichy.

2.The Inspector of Police, City Crime Branch, Trichy City.

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

+1 CC to Mr.T. SENTHIL KUMAR, Advocate SR-85366. Crl.O.P.No.8272 of 2017 04.09.2019 CS(18.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2