The State Of Tamil Nadu Rep. v. Muthukumar Reddy Alias B.M.Reddy Alias Muthuvel Alias Lion Muthuvel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.02.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.M.P.No.18443 of 2024 in Crl.RC.SR.No.65778 of 2024 The State of Tamil Nadu Rep.
The Inspector of Police CBCID Headquarters Egmore, Chennai - 600 008 Cr.No.16 of 2023 ... Petitioner Vs.
Muthukumar Reddy @ B.M.Reddy @ Muthuvel @ Lion Muthuvel ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 5 of the Limitation Act, to condone the delay of 43 days in filing revision against the order passed in Crl.M.P.No.39939 of 2024 by the learned Metropolitan Magistrate, for Exclusive Trial of CCB Cases (Relating to Cheating Cases to Chennai) and CBCID Metro Cases, Egmore, Chennai in Crime No.16 of 2023 on the file of the CBCID, Metro Wing, Chennai dated 18.07.2024. 1/6
For Petitioner : Mr.S.Sugendran Additional Public Prosecutor For Respondent : Mr.R.C.Paul Kanagaraj for Mr.A.Vinoth Kumar
ORDER
This Criminal Miscellaneous Petition has been filed by the State to condone the delay of 43 days in filing revision against the order passed in Crl.M.P.No.39939 of 2024 by the learned Metropolitan Magistrate, for Exclusive Trial of CCB Cases (Relating to Cheating Cases to Chennai) and CBCID Metro Cases, Egmore, Chennai in Crime No.16 of 2023 on the file of the CBCID, Metro Wing, Chennai dated 18.07.2024.
2. When the matter came up before this Court on 12.02.2025, this Court had directed the petitioner/State to file status report.
3. Today (13.02.2025), the petitioner/State filed the status report and also the dates and events of the present case.
4. A perusal of the status report and also the impugned order shows the 2/6
respondent accused has filed the petition in Crl.M.P.No.39939 of 2024 before the Metropolitan Magistrate for Exclusive Trial of CCB Cases (Relating to Cheating Cases to Chennai) and CBCID Metro Cases, Egmore, Chennai seeking direction to the respondent police to file the final report expeditiously and the learned Magistrate by order dated 18.07.2024 directed the petitioner/State to complete the investigation and file the charge sheet within a period of two months. The said order has been passed on 18.07.2024. The petitioner/State has not filed the charge sheet within the time as stipulated by the Magistrate instead, they have filed the revision in Crl.RC.SR.No.65778 of 2024 along with the present Miscellaneous petition to condone the delay in filing the said revision.
5. It is seen from the status report that even though there is progress in the investigation, due to technicality involved in this case, the police are unable to file the charge sheet. However, it is seen from the records and also as admitted by the learned Additional Public Prosecutor, the Investigating Officer 3/6
has not approached the trial Court for extension of time to complete the investigation and to file the charge sheet.
6. Therefore, the petitioner/State is directed to approach the Magistrate seeking extension of time and after getting time, they can expedite the investigation and file the charge sheet within the time to be fixed by the Magistrate and failing to file the charge sheet within the time, the entire proceedings in Cr.No.16 of 2023 shall be quashed.
7. With the above directions, this Criminal Miscellaneous Petition is closed. Consequently, the connected Criminal Revision Case is also closed.
8. Before parting with this case, it is pertinent to state that this Court notices that in several cases, the officials of the police department neither follow the Police Standing Order/the Madras City Police Act, nor the Code of Criminal Procedure and the Criminal Rules of Practice and that they are also not following the order of the Magistrate Court and sometimes even the order of the High Court.
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9. Therefore, the Commissioner of Police, Greater Chennai and the Director General of Police are directed to issue suitable circular to their subordinates and direct them to follow the procedures in accordance with law and also the order of the Courts without any deviation. If any order is not complied with, this Court hereinafter will not hesitate to take a stringent action against the concerned officer/s.
13.02.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. The Inspector of Police CBCID Headquarters Egmore, Chennai - 600 008
2. The Public Prosecutor High Court of Madras Copy to:
1. The Commissioner of Police, Greater Chennai
2. The Director General of Police, Chennai 5/6
P.VELMURUGAN. J.
Ksa-2 Crl.M.P.No.18443 of 2024 in Crl.RC.SR.No.65778 of 2024 13.02.2025 6/6