Auto Manickam @ Ramasamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.14223 of 2015 Auto Manickam @ Ramasamy ...

Petitioner Vs State rep.by The Inspector of Police, {Land Grabbing (Prohibition Special Cell)}, Salem District.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to file the final report in Crime No.14 of 2011 before the concerned jurisdictional Court.

For Petitioner :Mr.K.V.Sridharan For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

Seeking a direction to the respondent to file the final report in Crime No.14 of 2011 before the concerned jurisdictional Court, the petitioner has come up with this petition.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

3.Mr.V.Shanmugam, Inspector of Police, Anti Land Grabbing Special Cell, Salem District, has filed a status report wherein at Paras 8 and 9, he has stated as follows:

"8.I submit that I have taken charge of this case on 10.06.2014, based on the abovesaid RDO report on 09.08.2014. I have sent a notice to the defacto complainants stating that if they have any additional document to prove their side to produce the same before the respondent police.

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9.I submit that the investigation is completed and I will file final report before the Special Court, ALGSC, Salem, within four weeks. And also submit that due to the Stay granted by the Hon'ble Supreme Court of India to the Special Court for Land Grabbing, may be directed when I file to receive the final report before the Special Court for Land Grabbing Cases, Salem."

3.It is common knowledge that the Hon'ble Supreme Court has stayed the trial before Special Courts for Land Grabbing Cases in Tamil Nadu, in an appeal filed by the State of Tamil Nadu against the order of the First Bench of this Court, quashing the G.O.s constituting the land grabbing Special Courts. 4.Under such circumstances, this Court directs the respondent Police to file final report before the regular jurisdictional Court namely, the learned Judicial Magistrate No.IV, Salem, within a period of four weeks from the date of receipt of a copy of this order. The learned Judicial Magistrate No.IV, Salem, is directed to take the same on file and proceed further in accordance with law. With the above direction, this petition is closed. mps s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Judicial Magistrate No.IV, Salem.

2.The Inspector of Police, {Land Grabbing (Prohibition Special Cell)}, Salem District.

3.The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.K.V.Sridharan, Advocate SR 35558 kji(co) prk5/8 Crl.OP.No.14223 of 2015 https://hcservices.ecourts.gov.in/hcservices/