Madras High CourtCRL OP(MD)/4425/2018disposed of

P.Mohan v. Inspector Of Police

2018-03-27Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.4425 of 2018 and Crl.M.P.(MD) No.2169 of 2018 P.Mohan ... Petitioner/Accused No.1 -Vs1.The Inspector of Police, Tiruchendur Police Station, Tiruchendur, Tuticorine District.

Crime No.292 of 2016 ...1st Respondent/ Complainant 2.Kumar ... 2nd Respondent/ De facto complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the First Information Report in Crime No.292 of 2016 on the file of the first respondent and quash the same as illegal. For Petitioner : Mr.T.Vadivelan For R1 : Mr. Prabhu Ramachandran Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed by the Petitioner/accused No.1 to quash the First Information Report in Crime No.292 of 2016, on the file of the first respondent police. 2.The learned Government Advocate (Crl.Side) has submitted that already the investigation has been completed and a charge sheet was filed on 12.08.2016 itself before the learned Judicial Magistrate, Tiruchendur, but sofar, the case was not taken on file.

https://hcservices.ecourts.gov.in/hcservices/ 3.Considering the aforesaid Submissions, the learned Judicial Magistrate, Tiruchendur is directed to verify whether the charge sheet was already filed, if already charge sheet was filed then,

he should take the case on file without further delay. The learned Chief Judicial Magistrate, Tuticorin is also directed to verify, if charge sheet was already filed, he has to give proper directions to the concerned Magistrate to take on file without further delay. In future, the Magistrate should take the case on file within reasonable time.

4.With the aforesaid directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar cp To 1.The Judicial Magistrate, Tiruchendur.

2.The Chief Judicial Magistrate, Tuticorin 3.The Inspector of Police, Tiruchendur Police Station, Tiruchendur, Tuticorine District.

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

Crl.O.P.(MD) No.4425 of 2018 and Crl.M.P.(MD) No.2169 of 2018 27.03.2018 SMA/CM/SAR-2/15.05.2018:2P/5C https://hcservices.ecourts.gov.in/hcservices/