Chokkanathan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.10657 OF 2021

1. Chokkanathan

2. Munisamy

3. Kannammal ... Petitioners/Accused 1 to 3

Versus

1. The State rep. by:

The Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.

... 1st Respondent/Complainant

2. Santhosh ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for hte records pertaining to Crime No.34 of 2021 on the file of the first respondent police and quash the same as illegal, incompetent and abuse of process by allowing the present Criminal Original Petition.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.A.Damodharan, Government Advocate (Crl.side) for R1

ORDER

This Criminal Original Petition has been filed the petitioners/accused to quash the case in Crime No.34 of 2021 on the file of the first respondent police.

2. Earlier, on 21.08.2021, when the matter was taken up for hearing, the learned Government Advocate (crl.side) submitted that in this case, investigation has been completed, and Charge sheet filed before the Judicial Magistrate No.I on 05.03.2021 and the same is yet to be taken on file and hence, this court directed the Judicial Magistrate No.I, Krishnagiri to explain https://hcservices.ecourts.gov.in/hcservices/

as to why the charge sheet, which has been filed on 05.03.2021, has not been taken on file.

3. Today, the learned Government Advocate (crl.side) submitted that the charge sheet has been taken on file on 29.07.2021, and C.C.No.233 of 2021 was assigned and case is posted on 17.09.2021 for hearing.

4.

As per the order passed by this Court, the Judicial Magistrate No.I, Krishnagiri, sent a report, dated 28.07.2021. From the report, it is seen that no charge has been filed as against the accused till 28.07.2021. There seems to be some mis-communication between the concerned police with the Public Prosecutor Office, based on which, the learned Government Advocate has made such submission. Now, it is seen that the charge sheet has been filed only on 29.07.2021 and C.C.No.233 of 2021 assigned and hence, no further order is required in this case.

5. In view of the same, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mrp To

1. The Inspector of Police, Baghayam Police Station, Vellore.

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.R.Jayaprakash, Advocate, S.R.No.43601 CRL.O.P.No.10657 of 2021 CP(CO) PM/27/09/2021 https://hcservices.ecourts.gov.in/hcservices/