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Madras High CourtCRL OP(MD)/13356/2018closed

S.Raja @ Prathiparaja v. The Inspector Of Police

2018-08-14Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.13356 of 2018 S.Raja @ Parthiparaja ... Petitioner/Accused No.2 Vs.

The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No.34 of 2015) ... Respondent/Respondent PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to direct the Inspector of Police, Veeravanallur Police Station, Tirunelveli District to complete the investigation in Crime No.34 of 2015 pending on his file and to file a final report therefrom within the time prescribed by this Court. For Petitioner : Mr.R.Aanad For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side)

ORDER

This petition has been filed for a direction to the respondent to complete the investigation in Crime No.34 of 2015 and to file a final report.

2.When this matter came up on 09.08.2018, the following order was passed by this Court.

"This Court, by an order dated 30.07.2018,directed an explanation from the learned Judicial Magistrate, Seranmahadevi, as to why the final report is kept at NTF stage for almost three years.

2.The learned Judicial Magistrate, Seranmahadevi, has filed a report stating that no charge sheet or final report has been filed before the Court by the respondent police till 04.08.2018.

3.This report filed by the learned Judicial Magistrate, Seranmahadevi, runs contrary to the assertion made before this Court by the respondent police to the effect that final report has been filed on 15.07.2015. https://hcservices.ecourts.gov.in/hcservices/ 4.The respondent police has to explain this position and clarify the same in person and hence, the Inspector

of Police, Veeravanallur Police Station, Tirunelveli District is directed to be present before this Court on 14.08.2018.

5.Post the matter on 14.08.2018."

3.As per the directions of this Court, the Inspector of Police, Veeravanallur Police Station is present before this Court. The status report has been filed by the respondent to the effect that the final report was only prepared on 15.07.2015 and it was not filed before the Court and the said representation was made before the Court based a wrong instruction that was given by a Trainee Sub Inspector of Police.

4.The learned Government Advocate (Crl.Side) side would submit that the representation was made by mistake and subsequently, the final report has been filed before the Judicial Magistrate, Cheranmahadevi today.

5.In view of the filing of the final report, no further orders are required to be passed in this petition. Hence, this criminal original petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

+1cc to M/S.R.Aanad, Advocate SR.No. 78911 Crl.O.P.(MD)No.13356 of 2018 14.08.2018 dsk JM/KAK/SAR 3/07.09.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/