The High Court, without going into the merits of the theft case, issued directions to the law enforcing agency to complete the investigation within twelve weeks after giving an opportunity to the petitioner, and disposed of the criminal original petition.
Direction to complete investigation within twelve weeks after giving opportunity to petitioner.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.01.2020
CORAM
The Honourable Mr.Justice M.DHANDAPANI
Crl.O.P.No.31644 of 2013 and M.P.No.1 of 2013 Lakshmi ...Petitioner/Accused
Vs. 1.State by Inspector of Police J-2, Adyar Police Station, Adyar, Chennai - 600 020, (Crime No.1339 of 2013). ...1st Respondent/Complainant 2.S.Ravirathinam ... 2nd Respondent/ De-facto complainant
PRAYER: This Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records in Crime No. 1339 of 2013, on the file of the first respondent herein and quash the same.
For Petitioner : Mr.L.Baskaran
For Respondent : C.Iyyappan(APP)
O R D E R
This criminal original petition has been filed seeking to call for the records in Cr.No.1339 of 2013, on the file of the first respondent herein/State by Inspector of Police, J-2, Adyar Police Station, Adyar, Chennai - 600 020, and to quash the same.
1
on the basis of the confession statement recorded from her husband and apart from the said confession statement, there is no other incriminating material to implicate the petitioner herein. Further, the present case is foisted with the mala fide intention and hence, prays for quashment of FIR in Crime No.1339 of 2014, on the file of the respondent police.
3.The learned counsel appearing for the petitioner would further submit that, it would be suffice, if this Court permits the petitioner to furnish the particulars before the law enforcing agency to prove her innocence and issue direction to the law enforcing agency to complete the investigation within a time frame.
4.The learned Additional Public Prosecutor concedes to the request made by the learned counsel appearing for the petitioner and on instructions, he would further submit that the investigation will be completed within the time frame fixed by this Court.
5.Considering the limited request made by the learned counsel appearing for the petitioner, this Court without going into the merits of the case, is inclined to issue direction to the law enforcing agency to complete the investigation in Crime No.1339 of 2013, after giving opportunity to the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner is directed to cooperate with the law enforcing agency for early completion of the investigation.
6.This criminal original petition is disposed of. Consequently, connected miscellaneous petition is also closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
dua
To
1.The Inspector of Police
J-2, Adyar Police Station,
Adyar, Chennai - 600 020, (Crime No.1339 of 2013).
2
Crl.O.P.No.31644 of 2013 and M.P.No.1 of 2013
SKS(CO) CB(30/09/2020)
3
2 issues framed by the court
Whether the criminal original petition filed under Section 482 Cr.P.C. to quash the FIR should be allowed.
Whether the investigation in the said crime should be completed within a fixed time frame after giving opportunity to the petitioner.
1 provisions across 1 enactments
Lakshmi
State by Inspector of Police J-2, Adyar Police Station
S.Ravirathinam
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
