S.Aravind v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Aravind ... Petitioner Vs.

1. The State rep. by The Inspector of Police, CCB, Avadi, Crime No.54 of 2023

2. T.Y.Johnson ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to set aside the remand order passed by the learned Judicial Magistrate-1, Poonamallee in Crime No.54 of 2023. For Petitioners : Mr. R.Venkatesh For Respondents For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

O R D E R

This petition has been filed challenging the order passed by the learned Judicial Magistrate-1, Poonamallee, thereby refused to

remand the second respondent herein, in pursuant to the registration of FIR in Crime No.54 of 2023 registered on the file of the first respondent. 2.

On the complaint lodged by the petitioner, the first respondent registered the FIR in Crime No.54 of 2023 for the offences under Sections 465, 468, 471, 506(ii) r/w 34 of IPC, in which, the second respondent is arrayed as second accused. Though the first respondent secured the second respondent in pursuant to the registration of FIR, the learned Judicial Magistrate No.I, Poonamallee, considering the age of the second respondent, refused to remand him.

3.

On instructions, the learned Government Advocate (Crl. Side) appearing for the first respondent police submitted that, now the first respondent completed the investigation in Crime No.54 of 2023 and filed final report before the learned Judicial Magistrate No.I, Poonamallee on 20.05.2024 itself and it is pending for taking cognizance.

4.

Considering the above facts and circumstances, this Court finds no infirmity or illegality in the order passed by the trial Court.

However, the learned Judicial Magistrate No.I, Poonamallee, is directed to take cognizance on the final report submitted by the first respondent in Crime No.54 of 2023, within the period of four weeks from the date of receipt of a copy of this Order and proceed with trial. 5.

Accordingly, the Criminal Original Petition stands dismissed.

14.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. The Judicial Magistrate No.I, Poonamallee,

2. The Inspector of Police, CCB, Avadi.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 14.02.2025