Ranjith v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.15584 of 2015 and M.P.No.1 of 2015 Ranjith .. Petitioner Vs State by

1. The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District, Cr.No.53 of 2008.

2.K.Thiruselvam .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records concerned in Cr.No.53 of 2008 on the file of the Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District and quash the same. For Petitioners : Mr.C.Prakasam For R.1 : Mr.C.Emalias, Additional Public Prosecutor

ORDER

Seeking to quash the case in Crime No.53 of 2008 on the file of the Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District, the petitioner has come up with this petition.

2. On 06.07.2015, this Court passed the following order:- "This petition has been filed to quash the FIR in Crime No.53 of 2008 on the file of 1st respondent police.

2.Heard the learned counsel for the petitioner and the learned Additional Public

Prosecutor for the 1st respondent and perused the materials placed on record.

3.The petitioner is stated to be a juvenile, when the incident took place. It is the case of the prosecution that the juvenile accused had taken the firearm of his grandfather and had gone to purchase a cricket bat. In the shop, a quarrel ensued on account of which, the juvenile opened firearm at the shop owner. The Shop owner was injured, but he survived the attack. The respondent police registered a case in Crime No.53 of 2008 against the juvenile and his grandfather, who is the owner of the firearm. The police has filed a final report against the grandfather which was before the concerned Magistrate and the case was committed to the Court of Sessions and made over to the Court of Assistant Sessions Judge, Thiruchengode, where the grandfather was discharged on 22.06.2012, in SC No.25 of 2009. Now, the fate of the juvenile is in limbo. He does not know where the case is pending.

4.Today, Mr.S.Srinivasan, Sub Inspector of Police, Thiruchengode Police Station, is present before this Court. On instructions from him, the learned Additional Public Prosecutor submitted that the police initially filed a final report against the juvenile accused before the Juvenile Justice Board, Salem, on 23.06.2008 and now, the case has been transferred to the Juvenile Justice Board, Namakkal. The police also do not know about the details of the case.

5.Under such circumstances, the Deputy Superintendent of Police, Thiruchengode Sub Division, Namakkal, is directed to enquire into this matter and file a report before this Court as to the details of this case and the Court, in which the case against the petitioner is pending. Post on 20.07.2015"

3.Today, the Inspector of Police, Tiruchengode Town Police Station, Namakkal District, has filed an Instruction Report, from which, it is seen that final report has been filed before the Juvenile Justice Board, Namakkal on 15.07.2015 and the case has also been taken on file in J.C.No.25/2015. The case is now posted to 17.08.2015 for the appearance of the accused.

4.In view of the above, nothing survives in this petition. This Court appreciates the Deputy Superintendent of Police and Ms.C.Chandrakala, Sub Inspector of Police, Tiruchengode Town Police Station, Namakkal District, for taking effective steps in this regard. 5.In the result, this Criminal Original Petition is closed as no further order is necessary. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To

1. The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District.

2. The Public Prosecutor, High Court, Madras.

+one cc to Mr.C.Prakasam, Advocate sr. 36638 Crl.OP No.15584 of 2015 eu[co] srg 31.07.2015