Madras High CourtCRL OP(MD)/3927/2019disposed of

Ayyachami v. The Inspector Of Police

2019-03-15Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3927 of 2019 Ayyachami : Petitioner Vs.

The Inspector of Police, Villur Police Station, T.Kallupatti Circle, Madurai District.

(Crime No.67 of 2013) : Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent to file the final report in crime No.67 of 2013 on the file of the respondent within the time frame as fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

The present petition has been filed to direct the respondent to expedite the investigation in Crime No.67 of 2013 and to file the final report as the matter is pending close to six years.

2. The learned counsel for the petitioner would submit that the case filed by the petitioner has been been registered in Crime No.67 of 2013 for the offence punishable under Sections 406, 418, 420, 423 and 506 (i) IPC.

3. The learned Government Advocate (Crl.Side) would submit that in the above said case, investigation has been completed and charge sheet has also been filed on 29.09.2013 before the learned Judicial Magistrate, Peraiyur and the same was returned for rectification of some defects. He would further submit that the defects would be cleared and it would be filed before the Magistrate concerned within short time.

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4. Inasmuch as the final report has been filed in the complaint given by the petitioner, nothing survives for further adjudication in the present petition.

5. This Court has repeatedly instructed the Magistracy not to return the final report when laid and if any defects noticed on the final report, the Investigating Officer concerned must be only informed either directly or through the Chief Judicial Magistrate to facilitate the Investigating Agency to set right the records.

6. The learned Chief Judicial Magistrate, Madurai is now required to go into the matter as to how things are happening in the Magistrate Courts. Turning to this case, this Court directs the Investigating Agency to lay the final report before the learned Judicial Magistrate, Peraiyur Taluk within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, this petition is disposed of. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate, Peraiyur Taluk, Peraiyur, 2.The Chief Judicial Magistrate, Madurai.

3.The Inspector of Police, Villur Police Station, T.Kallupatti Circle, Madurai District.

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

+ 1 CC TO Mr.T.Vadivelan, ADVOCATE IN SR No. 54415 Crl.O.P.[MD]No.3927 of 2019 15.03.2019 ta PK/09.04.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/