M.Megala v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.13916 of 2016 M.Megala ...

Petitioner Vs The Inspector of Police, All Women Police Station, Guindy, Chennai - 32.

...

Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to direct the respondent to take further steps in Crime No.12 of 2014 and to furnish the copy of status report to the petitioner.

For Petitioner :

Ms.P.Uma For Respondent :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondent to conduct investigation in Crime No.12 of 2014 and to furnish a copy of the status report to the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. On the complaint given by the petitioner, the respondent-Police registered a case in Crime No.12 of 2014 for the offences under Sections 498(A), 406, 506(i) and 320 IPC and sent the FIR to the jurisdictional Court viz., Judicial Magistrate Court, Alandur. While so, the accused in Crime No.12 of 2014 filed Crl.OP.No.8279 of 2015 for anticipatory bail and this Court while granting anticipatory bail, had directed the accused to surrender before the learned IX Metropolitan Magistrate, Saidapet, Chennai, and execute a bond for Rs.10,000/- with two sureties.

4. The learned Additional Public Prosecutor submitted that the investigation in Crime No.12 of 2014 has been

completed and when the final report was presented before the learned Judicial Magistrate, Alandur on 15.07.2015, the same was not received, on the ground that the surety papers of the accused are not available on the file of the Judicial Magistrate, Alandur.

5. In the considered opinion of this Court, the final report cannot be rejected on the ground that the surety papers are not available with the Court.

6. Under such circumstances, the Police is directed to present the final report before the learned Judicial Magistrate, Alandur and the Judicial Magistrate, Alandur is directed to accept the same and pass orders in accordance with law. The learned IX Metropolitan Magistrate, Saidapet, Chennai, is directed to take photocopies of the bond surety papers executed by the accused in Crime No.12/W21/AWPS, Guindy. Pursuant to the orders passed by this Court in Crl.OP.No.8279 of 2015, and after retaining the photocopies, send the original with a covering letter to the learned Judicial Magistrate, Alandur, within one week from the date of receipt of a copy of this order. The learned Judicial Magistrate, Alandur, shall take steps in co-ordination with the learned IX Metropolitan Magistrate, Saidapet, Chennai, to get back the surety papers.

With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar ds To 1.The Judicial Magistrate, Alandur.

2.The IX Metropolitan Magistrate Saidapet, Chennai.

3.The Inspector of Police, All Women Police Station, Guindy, Chennai - 32

4.The Public Prosecutor, High Court, Chennai.

1 cc to Mr.P.Uma, Advocate, sr.39746 Crl.OP.No.13916 of 2016 rk co kra 04.08.2016