K.Aruchamy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.6482 of 2012 and M.P.No.1 of 2012 1.K.Aruchamy 2.A.Kalimuthu 3.Palanathal 4.A.K.Sundarasamy 5.K.Gurusamy 6.G.Thangaraj 7.S.Thangamuthu ..

Petitioners Vs State by The Inspector of Police, Dharapuram Police Station, Dharapuram Tiruppur District.

..

Respondent Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records concerned in Cr.No.2458 of 2011 on the file of the Inspector of Police, Dharapuram Police Station, Dharapuram, Tiruppur District and quash the same. For Petitioners : Mr.C.Prakasam For Respondent : Mr.C.Emalias, APP

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to FIR in Crime No.2458 of 2011 on the file of the first respondent and quash the same. 2.When this Criminal Original Petition was taken up for hearing, the learned Additional Public Prosecutor submitted that investigation has already been completed in Crime No.2458 of 2011 and charge sheet was also made ready, however, the same was not received by the Judicial Magistrate Court, Dharapuram, due to non-receipt of FIR, which is pending with the Special Court, https://hcservices.ecourts.gov.in/hcservices/

Anti Land Grabbing Special Cell, Tiruppur. Therefore, the learned Additional Public Prosecutor sought for appropriate direction to the Special Court, Anti Land Grabbing Special Cell, Tiruppur, for filing the said charge sheet.

3.In view of the above, the Special Court, Anti Land Grabbing Special Cell, Tiruppur is directed to transfer the FIR in Cr.No.2458 of 2011 to the file of the Judicial Magistrate Court, Dharapuram, within a period of two weeks from the date of receipt of a copy of this order. On such transfer, the first respondent is directed to file the charge sheet before the Judicial Magistrate Court, Dharapuram forthwith. 4.With the above direction, the Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rk To 1.Judicial Magistrate, Dharapuram.

2.Special Court, Anti Land Grabbing Special Cell, Tiruppur. 3.The Inspector of Police, Dharapuram Police Station, Dharapuram Tiruppur District.

4.The Public Prosecutor, Madras High Court, Chennai-600 104.

+1cc to Mr.C.Prakasam, Advocate, S.R.No.73248 Crl.O.P.No.6482 of 2012 RK(CO) GN(24/01/2017) https://hcservices.ecourts.gov.in/hcservices/