The Inspector Of Police v. Basthurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Wednesday, the Twenty First day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in Crl.O.P.(MD)No.13988 of 2020 The Deputy Superintendent of Police, Crime Branch CID, Tirunelveli.

... Petitioner/Respondent 4.

Vs

1. Basthurai

...Respondent/Petitioner

2 The Principal Secretary, Department of Home, Secretariat, Fort St George, Chennai.

..Respondent/Respondent No.1.

3 The Director General of Police, Government of Tamil Nadu, Chennai.

..Respondent/Respondent No.2.

4 The Superintendent of Police, Nagercoil, Kanyakumari District.

..Respondent/Respondent No.3.

5 The Deputy Superintendent Of Police, District Crime Branch, Kanyakumari District.

..Respondent/Respondent No.5.

6 The Inspector of Police, District Crime Branch, Kanyakumari District.

..Respondent/Respondent No.6.

7 The Inspector of Police, Sucheendram Police Station, Kanyakumari District.

..Respondent/Respondent No.7.

1/4

8 Baskaran Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

..Respondent/Respondent No.8.

9 Vijay Ananth ..Respondent/Petitioner Prayer in CRL MP(MD). No.15999 of 2022:- Criminal Miscellaneous Petition filed under section 482 of Cr.P., to Extend the time for a further period of Six months to complete the investigation and to file a final report as per the directions given by this Honourable Madurai Bench of Madras High Court Madurai by its order dt 31.03.2022 made in Crl.O.P(MD)No.13988 of 2020.

Prayer in Crl.O.P.(MD)No.13988 of 2020 :- Criminal Original Petition filed under Section 482 Cr.P.C. To direct the third respondent to withdraw the case in Crime No.18 of 2020 dated 29.10.2020 registered for the offence under Section 174 of Cr.P.C, from the file of Respondent No.6 and entrust the same to fourth respondent for conducting investigation of the case, by a Competent Officer or any other independent investigating agency and file a final report before the Jurisdictional Magistrate. ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. E. Antony S. Prabhakar, Additional Public Prosecutor for the Petitioner and of M/s. T. Lajapathi Roy, Advocate for the 1st respondent, this Court made the following order:

The petitioner has filed this petition seeking to extend the time for further period of six months to comply with the order passed in Crl.O.P(MD)No.13988 of 2020, vide order, dated 31.03.2022. 2.It is evident from records that this Court, vide order, dated 31.03.2022, has directed the fourth respondent therein, to complete the investigation and file a final report, within a period of twelve weeks, from the date of receipt of the case bundle from the District Crime Branch, Nagerkoil.

3.The learned Additional Public Prosecutor appearing for the petitioner would submit that the case bundle was received only on 20.07.2022 and the investigation is in progress. He would further submit that the document was sent to the Forensic Lab, Madurai and seeks further six months time to file a final report. 2/4

4.Considering the above reasons assigned, the fourth respondent therein/Deputy Superintendent of Police, CBCID, Tirunelveli District, is directed to complete the investigation and file a final report, within a period of three months, from the date of receipt of a copy of this order. Accordingly, this criminal miscellaneous petition is ordered.

Sd/- Assistant Registrar (CS-I) // True Copy // /01/2023 Sub Assistant Registrar(CS) LR TO

1. The Principal Secretary, Department of Home, Secretariat, Fort St George, Chennai.

2. The Director General of Police, Government of Tamil Nadu, Chennai.

3. The Superintendent of Police, Nagercoil, Kanyakumari District.

4. The Deputy Superintendent Of Police, District Crime Branch, Kanyakumari District.

5 The Inspector of Police, District Crime Branch, Kanyakumari District.

6 The Inspector of Police, Sucheendram Police Station, Kanyakumari District.

7. The Deputy Superintendent of Police, Kanyakumari, Kanyakumari District.

8. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

Copy to:

1. The Deputy Superintendent of Police, CBCID, Tirunelveli District.

2. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai + 1.c.c. To M/s. T. Lajapathi Roy SR.No.63727. ORDER DATED : 21/12/2022 ==========================

ORDER

========================== in Crl.O.P.(MD)No.13988 of 2020 Giving direction and etc.

as stated within.

AMS(02.01.2023) 4P 12C 4/4