High Court directed the Inspector of Police to complete investigation in Cr. No. 6 of 2019 and file the final report within six weeks, considering the accused had surrendered.
Directed the 4th respondent to complete investigation and file the final report within six weeks from the date of receipt of the order.
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 : 25.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P. No.3486 of 2021
Mrs.Rani .. Petitioner
vs.
Chennai 600 005.
2.The Deputy Director of Prosecution, No.22, Raja Muthiah Salai, Ex-Serviceman Welfare Complex, 3rd Floor, Periamet, Chennai 600 003.
3.The Assistant Public Prosecutor, O/o. Additional Mahila Court, Egmore, Chennai 600 003.
4.The Inspector of Police, W-7, All Women Police Station, Anna Nagar, Chennai 600 040. ..Respondents (Crime No.6/2019)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to consider the representation dated 28.12.2020 and direct the 2nd respondent to file the charge sheet in Cr.No.6 of 2019 dt.05.12.2019.
For Petitioner : Mr.R.Ravindra Ram
For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor
ORDER
This Writ Petition has been filed for the issue of a writ of mandamus directing the respondent police to file the final report in Crime No.6 of 2019, within the time limit fixed by this Court.
2.When the matter came up for hearing on 24.02.201, this Court passed by the following order:
"The learned Additional Public Prosecutor appearing on behalf of the respondent police submitted that even though substantial investigation has been completed in this case, the accused person is yet to be secured and already two anticipatory bail petitions filed by the accused person were dismissed by this Court. The accused person is still absconding and once, he he secured, some more materials would be gathered and final report would be filed by the respondent police.
Post this case under the caption "for reporting compliance" on 25.03.2021.
3.When the matter was taken up hearing today, the learned Additional Public Prosecutor submitted that the accused person surrendered before the Court below and he has been granted bail. The learned Additional Public Prosecutor further submitted that the investigation is at the verge of completion and some more materials will be collected and a final report will be filed within the time limit fixed by this Court.
4.Taking into consideration the facts and circumstances of the case and also the subsequent development that has happened in this case, there shall be a direction to the 4th respondent to complete the investigation and file the final report before the concerned Court within a period of six weeks from the date of receipt of copy of this order.
5.This writ petition is disposed of with the above directions. No costs.
Sd/-
Assistant Registrar (CS VII)
/TRUE COPY/
Sub-Assistant Registrar
KP To
1.The Director of Prosecution (i/c),
O/o.The Director of Prosecution,
@ T.N.S.C.B.Annex Building, 1st Floor, No.5, Kamarajar Salai, Chennai 600 005.
3.The Assistant Public Prosecutor,
O/o. Additional Mahila Court,
Egmore,
Chennai 600 003.
4.The Inspector of Police,
W-7, All Women Police Station,
Anna Nagar,
Chennai 600 040.
5.The Public Prosecutor,
High Court of Madras.
W.P. No.3486 of 2021
PL(CO)
KKN 26.04.2021
2 issues framed by the court
Whether the High Court should direct the police to file a final report within a specific time limit in Cr. No. 6 of 2019.
Whether the court can modify the time limit for filing the charge sheet based on subsequent developments in the investigation.
1 provisions across 1 enactments
Mrs. Rani
The Director of Prosecution (i/c), O/o. The Director of Prosecution
The Deputy Director of Prosecution
The Assistant Public Prosecutor
The Inspector of Police, W-7, All Women Police Station
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
