2.Selvanayagam ... Respondent/ Defacto complainant PRAYER: Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in C.C.Nos.412 of 2008 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District.
Government Advocate (Criminal side) For R2 : Mr.S.C.Herold Singh for Mr.T.Jeen Joseph Crl.O.P.(MD)No.10611 of 2011 K.V.Dev ... Petitioner/ Accused No.1 Vs.
State through
1.The Inspector of Police, Karungal Police Station, Kanyakumari District.
(Crime Nos.344 of 2008) ... Respondent/ Complainant
2.S.Jacob Selvarajan ... Respondent /Defacto complainant PRAYER: Criminal Original Petitions are filed under
Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in C.C.Nos.413 of 2008 on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District.
For Petitioner : Mr.V.Kathirvelu Senior counsel for Mr.F.Deepak For R1 : Mr.K.Anbarasan
Government Advocate (Criminal side) For R2 : Mr.S.C.Herold Singh for Mr.T.Jeen Joseph :COMMON ORDER These petitions have been filed by the petitioner challenging the proceedings in C.C.Nos.412 and 413 of 2008 on the file of the learned Judicial Magistrate, Erariel, Kanyakumari District, arising out of Cr.Nos.333 and 344 of 2008.
2.The case of the prosecution is that the petitioner trespassed into the defacto complainants' property and committed theft and also attacked him, thereby, the Law Enforcing Agency registered the case in Cr.No.333 of 2008for the offence under
Sections 147,148,447,427, 379 (Non professional) and in Cr.No.344 of 2008 for the offence under
Sections 147,148,447,427,435,294(b) and
506(ii) IPC against the petitioner. After conducting the investigation, charge sheet have been filed before the competent authority.
3.Aggrieved by the same, the petitioner's father made a representation before the Inspector General of Police. The Inspector General of Police had deputed an Officer in the rank of Deputy Superintendent of Police and directed him to enquire and investigate the case in detail and give a finding. The Deputy Superintendent of Police conducted further investigation in the matter and gave a finding relates to Cr.Nos.333 & 344 of 2008 in C.C.Nos.412 & 413 of 2008 as if the case is not proved against the petitioner and they decided to withdraw the cases.
4.The learned Senior counsel appearing for the petitioner would submit that though the petitioner sought for a larger relief in these criminal original petitions, now restricted his prayer to issue a direction to the first respondent to take further action based on report submitted by the Deputy Superintendent of Police.
5.The learned Government Advocate (crl.side) appearing for the State fairly conceded that if this Court is decided to issue a direction, reasonable time may be fixed to dispose of the case.
6.Heard, the learned Government Advocate (crl.side) appearing for the State and learned counsel appearing for the defacto complainants did not object to consider the limited prayer. However, the learned counsel appearing for the second respondent/defacto complainant would submit that a liberty may be given to the second respondent/defacto complainant to agitate the decision taken by the respondent based on the direction of this Court in both the criminal original petition.
7.Considering the facts and circumstances of the case, I am inclined to issue a direction to the first respondent to take a decision on the report filed by the Deputy Superintendent of Police, as directed by the Inspector General of Police, within a period of six weeks from the date of receipt of a copy of this order after giving opportunity to the petitioner as well as defacto complainant.
8.With the above direction, these Criminal Original Petitions are disposed of. Consequently, connected miscellaneous petitions are closed.
To
1.The learned Judicial Magistrate, Eraniel, Kanyakumari District.
2.The Inspector of Police, Karungal Police Station, Kanyakumari District.
(Crime Nos.333, 344 of 2008)
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.