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Madras High CourtCRL OP/16698/2021disposed of

Prabakaran v. State Inspector Of Police

2022-02-16Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16698 of 2021 and M.P.No.9119 of 2021 Prabakaran

...Petitioner

Versus

1.State Inspector of Police, Ambur Town Police Station, Vellore District.

Cr.No.738 of 2010 2.Rajesh .. Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, calling for the records pertaining to F.I.R.No.738 of 2010 on the file of the 1st respondent and quash the same.

For Petitioner :

Mr.P.A.Manikandan For Respondents:

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The learned counsel appearing for the petitioner would submit that the petitioner had earlier approached this Court with the very same prayer in Crl.OP.No.31821 of 2019. At that time, it was submitted by the respondent that the investigation has been completed and a final report has been filed before the Judicial Magistrate Court, Ambur on 02.06.2020. This Court dismissed the said Crl.O.P.No.31821 of 2019 and directed the learned Judicial Magistrate, Ambur to act upon the final report filed by the 1st respondent within a period of four weeks from the date of receipt of a copy of this order.

2.However, the learned Judicial Magistrate has not complied with the order and thereby there is dealy in the trial. The learned counsel for the petitioner would submit that the delay in trial caused much prejudice to the petitioner and thereby, he

would seek to quash the proceedings. He would further submit that the petitioner has completed law decree and that he is unable to enroll due to the pendency of this case. 3.The learned Additional Public Prosecutor would submit that the final report has been filed before the learned Judicial Magistrate, Ambur on 02.06.2020. However, the final report has been returned for certain compliance by the learned Judicial Magistrate and thereby it is yet to be taken cognizance. He woud further submit that the delay is not on account of the prosecution and that the petitioner is charged for offences u/s. 294(b), 324, 506(ii) IPC & u/s. 307 IPC and there by the proceedings cannot be quashed on the ground of delay. Heard the counsels.

4.This Court, by earlier order dated 21.01.2021 in Crl.O.P.No.31821 of 2019 had directed the Judicial Magistrate, Ambur to act upon the final report filed by the 1st respondent within a period of four weeks from the date of a receipt of a copy of this order. However, the said order has not been complied with by the Judicial Magistrate so far. Hence, the learned Judicial Magistrate, Ambur is directed to strictly comply with the order dated 21.01.2021 and take the final report on file within a period of two weeks from the date of receipt of a copy of this order and take steps to commit the case to Court of Sessions within six weeks from thereon.

5.Accordingly, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar kkn To 1.The Inspector of Police, Ambur Town Police Station, Vellore District.

2.The Judicial Magistrate Court, Ambur.

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

Crl.O.P.No.16698 of 2021 and M.P.No.9119 of 2021 PCH(CO) GMY(11/03/2022)