Vikram Agarwal v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.27666 of 2019 Vikram Agarwal
...Petitioner
Versus
State represented by The Deputy Superintendent of Police CBCID Head Quarters, Egmore, Chennai.
(Crime No.1 of 2013)
...Respondent
Prayer :- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Magistrate Court for CCB & CBCID cases, Egmore, Chennai to pass appropriate orders on the Final Report submitted by the Respondent/Police in pursuance of Crime No.1 of 2013 on the file of the CB-CID Metro, Chennai.
For Petitioner :
Mr.S.Karthikeyan For Respondent :
Mr.N.S.Suganthan Govt. Advocate (Crl. Side)
O R D E R
This Criminal Original Petition has been filed to direct the learned Magistrate Court for CCB & CBCID cases, Egmore, Chennai to pass appropriate orders on the Final Report submitted by the Respondent/Police in pursuance of Crime No.1 of 2013 on the file of the CB-CID Metro, Chennai.
2. The case of the Prosecution is that the petitioner herein and the other accused, who were bookies and punters, were involved in the game of betting amongst themselves on the outcome of IPL matches during the year 2013.
3. The learned Government Advocate (Crl. Side) appearing for the respondent police would submits that after receiving the final report the said XI Metropolitan Magistrate, Saidapet, Chennai passed an order on 07.04.2017 directing to rectify certain mistakes. Thereafter, the respondent police submitted https://hcservices.ecourts.gov.in/hcservices/
the final report on the office of Chief Metropolitan Magistrate Court, Egmore, Chennai in S.R.No.261/2018 dated 21.06.2018 and the said acknowledgement card was also possessed the seal of Head Clerk of the said Court.
4. Thereafter, as pointed out by the learned counsel, as on date, the Court has not assigned any reasons for taking of file or returning the paper and till date the final report was not taken on file. Aggrieved by the same, the petitioner approached this Court, this Court also justify with the reasons stated by the petitioner and as well as on seeing the acknowledgement submitted by the learned Government Advocate (Crl. Side) after receiving the final report in the year 2018, so far as the Trail Court has not taken any steps to clarify the mistakes in the final report.
5. Hence, this Court is directed to the learned Magistrate Court for CCB & CBCID cases, Egmore, Chennai to pass appropriate orders in the final report submitted by the respondent police on merits and in the manner known to law within a period of two months from the date of receipt of a copy of this order.
6. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar rna/ham To 1.The Magistrate Court for CCB & CBCID cases, Egmore, Chennai 2.The Deputy Superintendent of Police, CBCID Head Quarters, Egmore, Chennai.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.27666 of 2019 KSM(CO) RVM(30/11/2021) https://hcservices.ecourts.gov.in/hcservices/