K.Nagarathinam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD)No.8687 of 2014 and M.P.(MD).No.1 of 2014 K.Nagarathinam ... Petitioner -VsState through by 1.The Inspector of Police, District Crime Branch, In Crime No.1/2009 Ramanathapuram District. ..1st Respondent/Complainant 2.The Branch Manager, Indian Bank, Ramanathapuram Branch, No.76, Salai Road Ramanathapuram District.

.. 2nd Respondents/Defacto complainant PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to the FIR in Crime No.1 of 2009 on the file of the first respondent and quash the same.

For Petitioner :Mr.M.Subashbabu For R1 :Mrs.S.Prabha Government Advocate(Crl.side) For R2 :Mr.S.Devaraj

ORDER

This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for the records relating to the FIR in Crime No.1 of 2009 on the file of the first respondent and quash the same.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the first respondent and the learned counsel for the second respondent.

3.The learned Government Advocate (Crl.side) would submit that the investigation has been completed and charge sheet has also been filed before the Court concerned.

4.In view of the submissions made by the learned Government Advocate (Crl.side), this criminal original petition is dismissed. https://hcservices.ecourts.gov.in/hcservices/

5.Since the case is of the year 2009, the learned Judicial Magistrate NO.I, Ramanathapuram, is directed to complete the trial as expeditiously as possible.

Sd/- Assistant Registrar(Per.Admn) This petition having been posted this day "FOR BEING MENTIONED" in pursuance to the order of this Court dated 18.06.2015 and made herein in the presence of the above said Advocates, the Court made the following orders: Today the matter is listed under the caption for being mentioned at the instance of the learned counsel for the petitioner.

2.It is submitted by the learned counsel for the petitioner that though a representation has been made as if final report has already been filed, on filing of copy application, it was informed that final report has not yet been filed. The learned Government Advocate submitted that a final report has indeed been filed that perhaps the Court has not taken cognizance.

3.Considering the above said submissions, this Court directs the first respondent to take appropriate steps to enable the Court to see if cognizance is taken by the Court within a period of four weeks from the date of receipt of a copy of this order and also issue a direction to the Jurisdictional Magistrate to take cognizance within a period of two weeks thereafter. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To (To be substituted for the order already despatched on 27.05.2015) 1.The Judicial Magistrate NO.I, Ramanathapuram.

2. The Chief Judicial Magistrate, Ramanathapuram. 3.The Inspector of Police, District Crime Branch, Ramanathapuram District.

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

+1cc to Mr.S.Devaraj,Advocate in Sr NO.32087 Ns Crl.O.P(MD)No.8687 of 2014 24.04.2015 rg.26.05.2015 2p/5c AA/23.07.2015/2p-5c/ (Corrected Order) https://hcservices.ecourts.gov.in/hcservices/