Madras High CourtCRL OP(MD)/2632/2019disposed of

Mr.H.Farook, v. The Inspector Of Police

2019-03-21Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM

THE HON'BLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.2632 of 2019 H.Farook ... Petitioner -VsThe Inspector of Police, Adirampattinam Police Station, Pattukottai Taluk, Tanjore District.

...Respondent

[Crime No.250 of 2017] Prayer: Criminal Original petition - filed under Section 482 of Code of Criminal Procedure, to direct the respondent to file the final report in Crime No.250 of 2017 dated 13.11.2017 on the file of the respondent within the time stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original petition has been filed to direct the respondent to file the final report in Crime No.250 of 2017 dated 13.11.2017 on the file of the respondent within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3. The learned Additional Public Prosecutor submits that the final report was laid before the concerned Magistrate on 17.11.2017 closing the case as mistake of fact, that the same was taken on file in R.C.No.4 of 2019 by the learned Judicial Magistrate Court, Pattukottai only on 05.03.2019 and the Court has now posted the matter on 29.03.2019. The status report signed by the Inspector of Police, Adirampattinam, Pattukottai, containing the above facts is also filed.

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4. The said statement of the learned Additional Public Prosecutor is recorded. The petitioner is now directed to approach the concerned Magistrate to work out his remedy as per law.

5. The Registry is directed to call for an explanation from the learned Judicial Magistrate, Pattukottai as to why the final report laid on 17.11.2017 was not even taken on file till 05.03.2019. The Chief Judicial Magistrate, Tanjore District is also directed to hold an enquiry on the matter independently and file his report on the same. The said remarks and enquiry report are directed to be placed before the Hon'ble Judges in charge of Tanjore District Portfolio.

6. Accordingly, this criminal original petition is disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Inspector of Police, Adirampattinam Police Station, Pattukottai Taluk, Tanjore District.

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

COPY TO:

1.The Registrar(Judicial) Madurai Bench of Madras High Court, Madurai.

2. The Chief Judicial Magistrate, Tanjore District.

3.The Section Officer, B Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.T.Lajapathi Roy, Advocate, SR.No.55887 Crl.O.P.(MD)No.2632 of 2019 sm KK/SAR/23.05.2019/ 2P- 7C https://hcservices.ecourts.gov.in/hcservices/