Pandeeshwaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.21117 of 2022 and Crl.M.P(MD).No.14781 of 2022 Pandeeshwaran ... Petitioner Vs.

1.The State rep. By The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

2.Nirmalagrace, Tahsildar, Nilakottai Taluk, Dindigul District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in crime No.3 of 2018 pending investigation on the file of the respondent police and quash the same. For petitioner : Mr.S.Muniyandi For R-1 : Mr.Nambiselvan Additional Public Prosecutor 1/5

O R D E R This Criminal Original Petition has been filed seeking to quash crime No.3 of 2018 pending investigation on the file of the respondent police.

2. The case of the prosecution is that while the defacto complainant inspecting the Drought Agriculturist Relief Fund documents available at her office, she found that the petitioner misappropriated Drought Agriculturist's Relief Fund money. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that without going into the merits of the case, this Court may issue a direction to the first respondent police to complete the investigation within a stipulated period by providing an opportunity to the petitioner in order to disprove the complaint preferred by the second respondent.

4. The learned Additional Public Prosecutor appearing for the first respondent Police would submit that the investigation in this case will be completed within a period of 12 weeks. 2/5

5. In view of the submission made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, directs the first respondent Police to conclude the investigation in Crime No.3 of 2018, within a period of 12 weeks from the date of receipt of a copy of this order by providing necessary opportunity to both parties and after completing the investigation, if any cognizable offences are made out, the first respondent Police shall file a charge sheet in the manner known to law. In case if cognizable offences are not made out, the first respondent Police shall close the case as "mistake of fact". The petitioner is at liberty to produce all documents, in order to prove that there is no criminality in the complaint preferred by the second respondent.

6. Accordingly, this Criminal Original Petition is disposed of. Connected miscellaneous petition is closed.

22.03.2024 Index : Yes/No Internet : Yes/No tta 3/5

To 1.The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

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

4/5

M.DHANDAPANI, J.

tta Crl.O.P.(MD)No.21117 of 2022 22.03.2024 5/5