Madras High CourtCRL OP(MD)/4525/2017disposed of

Baskaran v. The Inspector Of Police

2017-06-19Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.4525 of 2017 1.Baskaran 2.Pothumani 3.Chandra 4.Vetriselvan 5.Manikandan : Petitioners/Accused Vs.

The Sub Inspector of Police, Pattiveeranpatti Police Station Dindigul District : Respondent/Complainant Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent police to file the alteration report of the First Information Report in Cr.No.18 of 2011 pending on the file of the Inspector of Police, Pattiveeranpatti Police Station, Dindigul District. For Petitioner : Mr.M.Sankar For Respondent No.1 : Mr.K.Anbarasan Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the respondent police to file the alteration report of the First Information Report in Cr.No.18 of 2011 pending on the file of the Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

2. Heard the learned counsel for the petitioners and learned Government Advocate (Criminal side) appearing for the respondent and perused the materials placed on record.

3. On 18.04.2017, this Court passed the following order: "Mr.R.Lakshmanan, Special Sub Inspector of Police, Pattiveeranpatti Police Station is present in

Court today. On instructions, the learned Government Advocate (Crl. side) submitted that the investigation in rime No.18 of 2011 has been completed and a chargesheet has been filed for an offence under section 306 IPC before the learned Judicial Magistrate, Nilakottai, on 23.04.2017. This is strongly refuted by the learned counsel for the petitioners. In view of the above, the Registry is directed to call for a report from the learned Judicial Magistrate, Nilakottai as to whether any final report has been filed by the police in Pattiveeranpatti police station in Crime No.18/2011. Report should be reached to this Court before 19.06.2017. Call on 19.06.2017."

4. Today, the Judicial Magistrate, Nilakottai, has sent a report, in which, it has been stated as follows: "I humbly submit that no final report/chargesheet filed till date from concerned Pattiveeranpatty Police Station, Dindigul District in Cr.No.18/11, u/s.174 @ 306 IPC as called for in the reference cited above."

5. On instructions, the learned Government Advocate submitted that the investigation has been completed, but for want of opinion from the Assistant Public Prosecutor, the chargesheet has not been filed before the jurisdictional Magistrate.

6. Recording the same, the respondent police is directed to obtain necessary opinion and file the chargesheet within 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(Records) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate, Nilakottai

2. The Sub Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.M.Sankar, Advocate Sr.No.61351 RR VB/JC/SAR2/29.06.2017/3P/5C Order made in CRL.O.P.(MD)No.4525 of 2017 19.06.2017