Madras High CourtCRL OP(MD)/895/2022disposed of

Jeyaram v. The Inspector Of Police

2022-01-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.895 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.895 of 2022 Jeyaram ... Petitioner vs.

The Inspector of Police, Kannivadi Police Station, Dindigul District.

(Crime No.84/2019) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent police to file a final report before the jurisdictional Magistrate in connection with Crime No.84 of 2019 and consequently, number the same within a time frame that may be fixed by this Court.

For Petitioner : Mr.N.Jeyaram Sidharth For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for directing the respondents to file the final report in Crime No.84 of 2019 registered on the file of the respondent police.

2. The learned counsel for the petitioner submitted that the petitioner's son was falsely implicated and that after investigation, his name was also deleted from the final report. His grievance is that the said final report is yet to be filed and that is why, he has filed this present petition.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl.side) submitted that the petitioner's son's name has been deleted from the array of the accused and that final report to this effect was also filed before the Judicial Magistrate No.2, Dindigul on 27.06.2019. But that, the matter is yet to be taken on file.

4. I have been noticing that even though the police inform the Court that final report has been filed, when the reports are called for from the jurisdictional Magistrate court, it is stated that the reports have not been filed contrary to the claim of the police. A similar situation may arise in this case also. Therefore, without going into the issue whether final report has been filed or not, I direct that if the final report said to have been filed is not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.895 of 2022 available before the court below, a fresh copy of the final report shall be filed within seven days from the date of receipt of a copy of this order and the learned Magistrate shall take a call in the matter on merits and in accordance with law within a period of two weeks thereafter.

5. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, Kannivadi Police Station, Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Judicial Magistrate No.II, Dindigul.

Crl.O.P.(MD)No.895 of 2022 20.01.2022 MGJ(02.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2