T.D.Naidu, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.08.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.16208 of 2018 T.D.Naidu Managing Trustee, M/s.Deenadayal Medical & Education Trust, D.D.Nagar, Kunnavalam Post, Thiruvallur District.
.. Petitioner/1st Accused Vs 1.The State rep. by The Sub Inspector of Police, District Crime Branch, Thiruvallur District.
2.State rep. by Sub Inspector of Police, D-3 K.K.Chathiram Police Station, Thiruvallur District.
.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to withdraw all the FIR filed against petitioner as invalid, irregular and subsequently direct them to file it as single FIR since in respect of the alleged occurrence the complainant and the accused are one and the same. For Petitioner : Mr.A.Saravanan For Respondents : Mr.C.Iyyapparaj, APP
O R D E R
This Criminal Original Petition has been filed to direct the direct the respondent to withdraw all the FIRs registered against petitioner and file as single FIR.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3.On 22.06.2018, this Court passed the following order: "Today Mr.E.Sureh, S.I. of Police, DCB, Thiruvallur District is present.
On instructions, the learned Govt. Advocate [Crl. Side] submitted that 93 FIRs were registered against this petitioner and other accused, out of which, in 9 cases, final reports were taken on file and the said cases are pending trial; however in respect of 80 cases, final reports have been filed before the Judicial Magistrate, Tiruttani and that the same have not been taken on file.
The Registry is directed to call for a report from the Judicial Magistrate, Tiruttani, explaining the reasons for not taking the 80 final reports on file. Such report shall reach this Court before 17.07.2018. Post on 17.07.2018."
4.Pursuant to the directions of this Court, the learned Judicial Magistrate, Tiruttani has sent a report dated 11.07.2018, wherein, it is stated as under :
"I humbly submit your honour that for reference cited above on verification of records, it is revealed that Charge Sheets pertaining to District Crime Branch Police, Tiruvallur District with regard to T.D.Naidu and others were filed in 2014. The same was returned by this Court for rectifications in 2014 itself. Subsequently, five Charge Sheets alone were represented before this court in first week of July 2018, clubing three Crime Numbers into one Charge Sheet. The five Charge Sheets were scrutinized and taken on file on 10.07.2018. No other Charge Sheet represented and pending before this court for taking on file. This is the status of above Crime Numbers. This is for your Honour's kind information and necessary consideration."
Thus, from a reading of the above report, it is seen that there are only five Charge Sheets pending and no other Charge Sheets have been filed by the Police as represented before this Court on 22.06.2018.
5.In view of the above, this petition is closed, since no direction as prayed for by the petitioner can be granted under Section 482 Cr.P.C.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar gya To 1.The Sub Inspector of Police, District Crime Branch, Thiruvallur District.
2.The Sub Inspector of Police, D-3 K.K.Chathiram Police Station, Thiruvallur District.
3.The Public Prosecutor, High Court, Madras.
CRL.OP.No.16208 of 2018 vd[co] srg 11/08/2018