Madras High CourtCRL OP/22836/2016disposed of

Mrs.S.Kuppammal v. State By

2016-10-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.22836 of 2016 S.Kuppammal

...Petitioner

Vs.

State rep.by The Inspector of Police, Auroville Police Station, Villupuram District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to direct the respondent to complete the investigation of the case in Crime No.299 of 2007, on the file of the Respondent Police Station expeditiously and file a charge sheet in Crime No.299 of 2007 on his file, within a time frame fixed by this Honble Court. For Petitioner : M/s.S.Sathia Chandran For Respondent : Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed seeking a direction to the respondent to complete the investigation in Crime No.299 of 2007 and file a charge sheet.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The learned Additional Public Prosecutor submitted that the investigation in Cr.No.299 of 2007 has been completed and the final report has been filed on 15.06.2016 before the District Munsif-cum-Judicial Magistrate, Vanur and the same has not been received by the Magistrate on the ground that the allegations relate to Land Grabbing and therefore, the final report has to be filed before the Special Judicial Magistrate Court for Land Grabbing Cases, Villupuram.

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4. The First Bench of this Court had quashed the Government Order constituting the Special Court for Land Grabbing Cases and in the Appeal filed by the State, the Supreme Court has stayed all further proceedings before the Special Magistrate for Land Grabbing Cases in the State.

5. In view of the above, had the Special Court for Land Grabbing Cases not being constituted, the final report would have been filed before the District Munsifcum-Judicial Magistrate, Vanur, being the jurisdictional Court.

6. Under such circumstances, the District Munsifcum-Judicial Magistrate, Vanur is directed to take the final report in Cr.No.299 of 2007 and pass orders in accordance with law.

With the above direction, the Criminal Original Petition is disposed of.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar kmi To

1. The Distict Munsif cum Judicial Magistrate Vanur

2. The Inspector of Police, Auroville Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

1 cc to M/s.S. Sathiachandran, Advocate, Sr. 58743 Crl.O.P.No.22836 of 2016 NR (CO) kk 26/10 https://hcservices.ecourts.gov.in/hcservices/