LAWS(MAD)-2006-12-80

E K PALANISAMY Vs. INSPECTOR OF POLICE

Decided On December 04, 2006
E.K. PALANISAMY Appellant
V/S
INSPECTOR OF POLICE (CRIMES), ERODE TOWN POLICE STATION, ERODE DISTRICT Respondents

JUDGEMENT

(1.) THIS petition is filed, seeking for a direction to quash the first information report, registered by the Inspector of Police, Erode Town Police Station in Cr. No. 1776/1999 on 22.10.1999 based on the complaint received from one Gunasekaran for offence under Sections 420, 465, 466, 467, 471 and 120-B, IPC.

(2.) THE learned counsel for the petitioner submits that case has been registered during 1999 and after full-fledged investigation case has been referred as 'mistake of fact' on 29.9.2005. Subsequently, it was reopened on 16.11.2005 at the request of the complainant as well as the by order passed by the superior police officials. While conducting further investigation, the materials collected during the course of first investigation must be taken into account. Unless there are fresh materials to take up further investigation, the scope of further investigation is very limited. He further submits that the investigation of the case is pending from 1999 onwards and because of the pendency of the investigation for a long period, the petitioner is highly prejudiced.

(3.) I have perused the materials available on record and heard the submissions made.