R.I.Jebaraj v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.28241 of 2018 R.I.Jebaraj

...Petitioner

Vs.

State Rep by its The Inspector of Police, D-2, Thiruvallangaadu Circle, Thiruvallur District.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate, Tirutani to take the final report filed in FIR No.312 of 2017 on record and issue summons to the accused in accordance with law. For Petitioner : Mr.R.Bhagawat Krishna For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor ******

O R D E R

This Criminal Original Petition has been filed seeking for a direction to the learned Judicial Magistrate, Tirutani, to take cognizance of the final report filed by the respondent police after completion of the investigation in Crime No.312 of 2017.

2. The petitioner is the defacto complainant. Based on the complaint given by the petitioner, the respondent police have registered an FIR in Crime No.312 of 2017 for an offence under Section 406, 420 and 468 of IPC. The respondent police proceeded to investigate the case and also filed a final report before the concerned jurisdictional Magistrate Court. Even though, the final report was filed on 19.06.2017, the same has not been numbered and the Court below has not taken cognizance till date. Aggrieved by the same, this petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3. Taking into consideration, the facts and circumstances of the case, the respondent police is directed to number the file report within a period of ten days from the date of receipt of a copy of this order. Immediately, thereafter, the learned Judicial Magistrate, Tirutani is directed to take cognizance, if the offence is made out and proceed further in accordance with law and complete the proceedings as expeditiously as possible.

4. In the result, this Criminal Original Petition is disposed of with the above direction.

lpp/vsa Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, D-2, Thiruvallangaadu Circle, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Bhagawat Krishna, Advocate, S.R.No.83121 CRL.O.P.No.28241 of 2018 ks(CO) kak (19/12/2018) https://hcservices.ecourts.gov.in/hcservices/