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Madras High CourtCRL OP(MD)/22316/2023dismissed as infructuous

K.Muniyammal v. The Superintendent Of Police

2023-12-11Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN K.Muniyammal ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Vilathikulam, Thoothukudi District.

3.The Inspector of Police, Office of the Inspector of Police, Masarpatti Police Station, Thoothukudi District.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the R3 to expeditiously complete investigation in FIR in Crime no.45 of 2023 on the file of the R3 and file Final Report in accordance with law within time stipulate by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.M.Anbunithi for R1 to R3 Addl.Public Prosecutor (Crl.side) 1/5

ORDER

This criminal original petition has been filed seeking direction to the R3 to expeditiously complete investigation in FIR in Crime no.45 of 2023 on the file of the R3 and file Final Report in accordance with law within time stipulate by this Court.

2.The petitioner is the defacto complainant in Crime No.45 of 2023, which was registered for the offences punishable under Sections 294(b) of IPC and Sections 3(1)(r) and 3(1)(s) of SC/ST (Prevention of Atrocities) Act, 1989. The grievance of the petitioner is that though the case was registered in the year 20.09.2023, so far no progress is made in this case.

3.The learned Additional Public Prosecutor for the respondent would submit that after completing the investigation final report was filed before the Special Court on 12.10.2023 and the same is not taken on file so far. Hence, the prayer sought for in this petition has become infructuous.

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4.Since the final report has been filed before the concerned Court, the petitioner can workout his remedy through appropriate proceedings, if so aggrieved by the contents of the final report. The learned Additional District and Sessions Judge, (Special Court for PCR Act Cases), Thoothukudi, shall process the above said final report within the time stipulated as per Rules.

5.With the above said liberty, this criminal original petition stands dismissed as infructuous.

11.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Vilathikulam, Thoothukudi District.

3.The Inspector of Police, Office of the Inspector of Police, Masarpatti Police Station, Thoothukudi District. 3/5

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

4/5

G.ILANGOVAN ,J.

TM 11.12.2023 5/5