This Criminal Original Petition sought a direction under Section 482 Cr.P.C. to expedite investigation in a pending case from 2008 and mandate filing of a final report within six months. The Court granted the prayer.
Direction issued to the second respondent to expedite investigation and file final report within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.10.2011
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU
Criminal Original Petition (MD) No.10391 of 2011
Fakkir Mohammed
... Petitioner/De facto complainant
Vs
1.The Superintendent of Police,
Sivagangai, Sivagangai District.
District Crime Branch, Sivagangai District.
(Cr.No.13 of 2008)
... Respondents/Respondents
Prayer:This petition is preferred under Section 482 Cr.P.C to direct the respondent No.2 to complete the investigation in Cr.No.13 of 2008 and file a charge sheet in accordance with law within a period that may be stipulated by this Court.
For Petitioner :Mr.M.Ajmal Khan For Respondents :Mr.P.Kannithevan
ORDER
Seeking a direction to complete the investigation expeditiously in Cr.No.13 of 2008 on the file of the second respondent police, the petitioner, who is the de facto complainant has come up with the present petition.
2.Having regard to the fact that the case has been pending from the year 2008 and that the offences are under Sections 120(b), 418, 419, 420, 465, 468 I.P.C, I am inclined to issue a direction to the second respondent to expedite the investigation and file final report within a period of six months, if charge-sheet has not already been laid.
3.Accordingly, this petition is ordered.
Sd/-
Assistant Registrar (AE)
/True Copy/
Sub Assistant Registrar
To
Sivagangai, Sivagangai District.
District Crime Branch, Sivagangai District.
Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.M.Ajmalkhan, Advocate,SR.No.35136
vs
GH : 28.10.2011 : 1p/5c https://hcservices.ecourts.gov.in/hcservices/
Crl.O.P.(md).No.10391 of 2011 10.10.2011
2 issues framed by the court
Whether the police must be directed to complete investigation and file a charge sheet within a stipulated time limit.
Whether the petitioners complaint qualifies as a de facto complainant under Section 482 of the Code of Criminal Procedure.
1 provisions across 1 enactments
Fakkir Mohammed
The Superintendent of Police, Sivagangai
The Inspector of Police, District Crime Branch, Sivagangai District
S. Nagamuthu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
