Madras High CourtCRL OP(MD)/3590/2019disposed of

Fathima Jinna, v. The Inspector Of Police

2019-03-08Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3590 of 2019 and Crl.M.P.(MD)No.2053 of 2019 1.Fathima Jinna 2.Akbarsh : Petitioners/Accused 1 and 2 Vs.

1.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City, Tirunelveli District.

(Crime No.240/18) :1st Respondent/Complainant 2.Jahir Hussain Pijili :2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the impugned charge sheet in Crime No.240 of 2018 pending on the file of the first respondent police and quash the same.

For Petitioner : Mr.S.Selvakumar For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

The present petition is filed to quash the proceedings in Crime No.240 of 2018 pending before the first respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the first respondent.

3. The learned Government Advocate (Crl.Side) submitted that the investigation in this case is completed and charge sheet has also been laid on 31.10.2018 before the Magistrate concerned but the same is not taken on file.

4. The submission made by the learned Government Advocate (Crl.Side) is recorded. Since the charge sheet has already been laid in this case, nothing survives for further adjudication in this case. However, the petitioner is at liberty to challenge the final report, if there are grounds made available to him. In the meantime, the learned Chief Judicial Magistrate, Tirunelveli is directed to hold an enquiry as to why the final report laid on https://hcservices.ecourts.gov.in/hcservices/

31.10.2018 has not been taken on file for more than four months and file a report to this Court on the action taken in this regard.

5. This criminal original petition is dismissed, accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Chief Judicial Magistrate, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City, Tirunelveli District.

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

Crl.O.P.[MD]No.3590 of 2019 08.03.2019 ta KK/SAR/10.04.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/