Madras High CourtCRL OP/3465/2023disposed of

Sobana v. State Rep.By The Inspector Of Police

2023-06-06Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Sobana ... Petitioner Vs.

Inspector of Police, Annadanapatty Police Station, Salem City.

... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Respondent to file the charge sheet in Crime No.252 of 2019. For Petitioner : M/s. R.Meenakshi Devi For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate ( Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondent to file the charge sheet in Crime No.252 of 2019.

2. When the matter is taken up for hearing, the learned Government Advocate (Crl. Side) submitted that, investigation in this case is completed and final report is filed as ''Further action Dropped''. 1/4

3. In response, learned counsel for the petitioner submitted that, on an earlier occasion, petitioner filed petition for quashing the FIR. In that petition, this Court on 20.04.2022., passed an order directing the Investigating Officer to proceed with the investigation and lay the final report before the Judicial Magistrate, Salem within a reasonable period of three months from the date of receipt of copy of the order. However, till now, final report was not filed, necessitating the filing of this petition.

4. It is seen that on 21.04.2023, this Court directed the presence of the Investigating Officer before this Court to answer as to why the final report in this case was not filed as ordered by this Court on Crl.O.P.Nos.12730 and 14131 of 2019. Today., Mr. Ramakrishnan, Inspector of Police, Annadanapatty Police Station, Salem District is present. It is submitted by him that, this direction was issued in Crl.O.P.Nos.12730 and 14131 of 209 on 20.04.2022, at that time, he was not working as Inspector of Police at Annadanapatty Police. On coming to know about the direction, he expedite the investigation and now filed final report.

2/4

5. In the light of the submission made that final report is filed as "Further Action Dropped", this Court cannot give the direction sought for by the petitioner. If the petitioner is aggrieved, it is open to the petitioner to challenge the final report filed before the trial Court.

6. Accordingly, this Criminal Original Petition is disposed of. 06.06.2023 sma To, 1.Inspector of Police, Annadanapatty Police Station, Salem City.

2. The Public Prosecutor, High Court of Madras.

3/4

G.CHANDRASEKHARAN ,J.

sma 06.06.2023 4/4