Madras High CourtCRL OP/24394/2021disposed of

Ramakrishnappa v. State Rep . By

2022-06-20Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.24394 of 2021 Ramakrishnappa ... Petitioner/Defacto Complainant Vs.

State represented by The Inspector of Police, Bagalur Police Station, Krishnagiri District.

(Crime No.266 of 2017) ... Respondent Prayer: This Criminal Original Petition had been filed under Section 482 of Criminal Procedure Code to direct the Respondent to file final report in Crime No.266 of 2017 pending on the file of the Respondent within a time frame as stipulated by this Court.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition had been filed to direct the Respondent to file final report in Crime No.266 of 2017 pending on the file of the Respondent.

2. It is the submission of the learned Counsel for the Petitioner that the Petitioner had obtained the share of the property through the family partition. Subsequently, he had purchased a property also. While so, when he was ploughing the property with the tractor, he was threatened with wooden logs and stones by one Ramesh, Prakash, Narayanappa and Ramappa. Therefore, he was forced to give complaint to the Police. Since the Police did not act, the Petitioner had filed Crl.O.P.No.15897 of 2017 seeking direction to register the case. Accordingly, based on the direction of this Court, the Respondent Police had registered a case in Cr.No.266 of 2017. Since the Respondent Police after registration of case did not proceed with the investigation, he had approached this Court by filing this Petition under Section 482 of Cr.P.C seeking https://hcservices.ecourts.gov.in/hcservices/

direction against the respondent to file a final report of the investigation before the Court concerned.

3. The learned Government Advocate (Crl. Side) submits that on investigation, it is found that Accused were absconding, therefore, Referred Charge Sheet was filed before the learned Judicial Magistrate-I, Hosur.

4. Considering the fact that the Respondent Police had filed the Referred Charge Sheet, it is for the Petitioner to approach the learned Judicial Magistrate-I, Hosur to file Protest Petition. The learned Judicial Magistrate -I, Hosur, is directed to pass appropriate orders if the Petitioner files a Protest Petition regarding the Referred Charge Sheet filed by the Respondent Police.

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

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar tri To 1.The Judicial Magistrate-I, Hosur.

2. Do through the Chief Judicial Magistrate,Krishnagiri District.

3. The Inspector of Police, Bagalur Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Jayaprakash, Advocate Sr.NO. 38378 Crl.O.P.No.24394 of 2021 BR(CO) A.SK(04/07/2022) https://hcservices.ecourts.gov.in/hcservices/