Madras High CourtCRL OP(MD)/20560/2018disposed of

B.Sivakumar v. The Commissioner Of Police

2018-11-19Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.20560 of 2018 B.Sivakumar : Petitioner/Defacto complainant Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, CCB, Madurai City, Alagar Kovil Road, Madurai - 2.

(Crime No. 19 of 2018) : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent to file final report in Cr.No.19 of 2018 on the file of the 2nd respondent within time framed by this Court.

For Petitioner : Mr.K.K.Kannan For R1 and R2 : Mr.A.Robinson, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the second respondent to file a final report in Crime No.19 of 2018 on the file of the second respondent within time frame as fixed by this Court.

2.The learned counsel fort the petitioner would submit that the petitioner lodged a complaint against four accused persons for the offences punishable under Sections 120(b), 406, 420 and 506(i) I.P.C, before the learned Judicial Magistrate No.I, Madurai, in Cr.M.P.No.775 of 2018 and the same was forwarded to the second respondent to register a case under Section 156(3) Cr.P.C, in Crime No.19 of 2018, on 04.05.2018. He would further submit that the gist of the complaint is that the petitioner was cheated by the accused to the tune of Rs.1,30,00,000/- and gold jewels worth of Rs.10 lakhs, silver articles worth of Rs.2 lakhs and the petitioner's mother gold jewels worth Rs.18 lakhs and the machineries worth about Rs.5 lakhs. Thereafter, the second respondent has not filed a final report, since the fourth accused, who is influential person in Madurai City and familiar Doctor, thereby the second respondent has not filed the final report.

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3.The learned Government Advocate (Criminal Side) for the official respondents would submit that based on the direction given by the learned Judicial Magistrate No.I, Madurai, the case was registered in Crime No.19 of 2018 for the offences punishable under Sections 120(b), 406, 420 and 506(i) I.P.C. Thereafter, the case has been closed as 'further action dropped' and the final report has been filed before the concerned Magistrate on 30.05.2018 and RCS notice has also served on the petitioner on 02.06.2018. 4.This Court is of the view that if the petitioner is aggrieved by the final report, he has to approach the concerned Magistrate and proceed further in accordance with law.

5.In view of the above, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Judicial Magistrate No.I, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, CCB, Madurai City, Alagar Kovil Road, Madurai - 2.

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

• 1 CC TO Mr.K.K.KANNAN, ADVOCATE IN SR No.95855. • • DAS • DS RSK SAR2 18 12 2018 2P 6C Crl.O.P.[MD].No.20560 of 2018 19.11.2018 https://hcservices.ecourts.gov.in/hcservices/