Kanagasundaram v. Director General of Police Office of The Director General of Police
2016-03-08
P.N.PRAKASH
body2016
DigiLaw.ai
ORDER : This petition has been filed to direct the 1st respondent to withdraw the case in Crime No.183 of 2013 on the file of the 6th respondent and entrust the same to the 2nd respondent to complete the investigation. 2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State and perused the materials placed on record. 3. On the complaint given by Dr. Kanagasundaram, the respondent police have registered a case in Crime No.183 of 2013 on 24.07.2013 for the offence under Section 3(1)(x) of SC/ST Act against one Ravaneswaran. The petitioner filed a petition in Crl.O.P.(MD) No.19001 of 2013 for transferring the investigation in Crime No.183 of 2013 from the file of Lalgudi Police Station to any other competent Police Officer. In the said petition, this Court passed the following final order on 28.03.2014: “When the matter was taken up, the learned Government Advocate (Criminal Side) would submit that investigation in Crime No.183 of 2013 on the file of the respondent police has already been completed and the matter has been closed and it is pending before the District Collector for his approval to close the case as 'Mistake of Fact'. 2. Recording the same, this petition is closed. However, the petitioner is at liberty to approach the District Collector to make his representation and the District Collector is also requested to consider the representation of the petitioner and pass appropriate orders thereon.” 4. It is the grievance of the petitioner that he filed a copy application before the learned Judicial Magistrate No.IV, Trichy for furnishing a certified copy of the closure report in Crime No.183 of 2013 and the said petition was returned by the Magistrate, on the ground that no closure report has been filed. 5. Today, when the matter was called, learned Government Advocate (Crl.Side) has submitted that the respondent police have closed the investigation in Crime No.183 of 2013 as false complaint and the matter was also referred to the District Collector, who has accepted the finding and passed an order dated 14.01.2016. 6. It is the contention of Mr. R. Alagumani, learned counsel for the petitioner that the Police have made misrepresentation in Crl.O.P.(MD) NO. 19001 of 2013 on 28.03.2014 and strict action should be taken against him. 7.
6. It is the contention of Mr. R. Alagumani, learned counsel for the petitioner that the Police have made misrepresentation in Crl.O.P.(MD) NO. 19001 of 2013 on 28.03.2014 and strict action should be taken against him. 7. On a careful analysis of the facts and circumstances, I am unable to persuade myself to agree with the submission of Mr. R. Alagumani, because, there are 150 cases listed before the Motion Court and due to the pressure of work, such errors are bound to occur. The District Collector has applied his mind and accepted the Police report. The respondent police should have now filed a formal closure report before the jurisdictional Magistrate so that the defacto complainant can agitate his case in the manner known to law. With the above observation, this Criminal Original Petition is dismissed.