T.J.Manjuladevi v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.04.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.470 of 2015 T.J.Manjuladevi ...
Petitioner Vs 1.The Inspector of Police, CBCID, Chengalpet East Unit, Chennai-600 045.
Present Address CBCID metrowing Old Commissioner of Police Office Pantheon Road, Egmore, Chennai-8 2.The Government of Tamilnadu, represented by its Secretary, School Education Department, Secretariat, Chenani-600 009.
3.The Director of School Education, College Road, Chennai-600 006.
4.The Director of Matriculation Schools, College Road, Chennai-600 006.
... Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the learned Judicial Magistrate, Alandur to complete the proceedings in CrlMP.No.5501 of 2006 and CrlMP.No.5967 of 2006 in Crime No.1 of 2006 under sections 406, 468 and 471 IPC registered by the 1st respondent Police (transmitted from the Judicial Magistrate Court No.II, Poonamallee to the Judicial Magistrate Court, Alandur in D.No.785 of 2009, dated 06.07.2009) and now pending on the file of the learned Judicial Magistrate Court, Alandur, within the stipulated time. For Petitioner :Dr.C.Panneerselvam For Respondents :Mr.C.Emalias Additional Public Prosecutor
ORDER
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record. 2.This Court had called for the records from the learned Judicial Magistrate, Alandur, and the report has been received in D.No.1289 of 2015, dated 30.03.2015, wherein the learned Judicial Magistrate has stated as follows:
"...I submit that the FIR Register of the year 2009 was traced and the subsequent brought forward Register and other Registers is being traced. I further submit that the staff who was incharge as on that date was asked to assist the Court to find the records, but suddenly he passed away while on duty. I further submit that all the cases relating to CBCID police has been transferred to Judicial Magistrate Court No.I, Chengalpattu, in the year 2010. Hence, letter has been sent to the concerned Court to ascertain about the case records.
Hence, I humbly request your honour to grant further time to submit the status report."
3.From the report, it is seen that the case is pending on the file of the learned Judicial Magistrate No.I, Chengalpet, since 2010, liberty is given to the petitioner to approach the learned Judicial Magistrate No.I, Chengalpet, and file a protest application afresh in accordance with law and after issue of notice to the respondent police.
This Criminal Original Petition is dispose of. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar mps To 1.The Inspector of Police, CBCID, Chengalpet East Unit, Chennai-600 045.
Present Address CBCID metrowing Old Commissioner of Police Office Pantheon Road, Egmore, Chennai-8
2.The Secretary Government of Tamilnadu, School Education Department, Secretariat, Chenani-600 009.
3.The Director of School Education, College Road, Chennai-600 006.
4.The Director of Matriculation Schools, College Road, Chennai-600 006.
5.The Public Prosecutor, High Court, Madras.
6. The Judicial Magistrate Alandur, Chennai
7. The Chief Judicial Magistrate Chennai
8. The Judicial Magistrate No.II Poonamallee 3 ccs to Mr.S. Paneerselvam, Advocate, Sr. 20370 Crl.OP.No.470 of 2015 SSI (CO) kk 16/4