Madras High CourtCRL OP(MD)/14766/2020disposed of

M.Marimuthu v. The Sub-Inspector Of Police

2020-12-15Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.14766 of 2020 and Crl.MP(MD) No.6995 of 2020 1.M.Marimuthu 2.A.Aarumugam 3.M.Barani @ Backiyalakshmi 4.G.Rajkumar 5.B.Rakesh 6.M.Kannan @ Jeyabal 7.M.Arumaikannu 8.T.Manjula 9.C.Latha 10.G.Anandhi 11.J.Azhlagumathi 12.M.Muthukannu 13.K.Vijayakumar 14.R.Soorya 15.R.Ramesh

...Petitioners/Accused 1 to 15

Vs 1.The Sub Inspector of Police, Mathur Police Station, Pudukkottai District.

(Crime No.199 of 2018) ...1st Respondent /Complainant 2.Muthukannu ...2nd Respondent / Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to First Information Report in Crime No.199 of 2018 pending on the file of 1st respondent and quash the same.

For Petitioner : Mr.R.Suresh Kumar For R1 : Mr.V.Neelakandan Additional Public Prosecutor(Crl.side)

O R D E R

This Criminal Original Petition has been filed to quash First Information Report in Crime No.199 of 2018 pending on the file of 1st respondent.

2.When the matter is taken up for hearing, the learned Additional Public Prosecutor(Crl.side) appearing for the 1st respondent would submit that after completion of investigation in the above Crime Number, charge sheet has been filed on 15.10.2019, before the Judicial Magistrate Court, Keeranur and yet to be taken 1/3

on file.

3.In reply, the learned counsel for the petitioner would submit that though charge sheet has been filed as early as on 15.10.2019, it was not taken on file till date and would pray for appropriate order.

4. Considering the submissions made by the learned counsel for the petitioner as well as the learned Additional Public Prosecutor(Crl.side) and also considering the fact that the charge sheet was filed before the Judicial Magistrate Court, Keeranur as early as on 15.10.2019, there shall be a direction to the learned Judicial Magistrate, Keeranur to decide whether cognizable offence is made out or not, and if so, the Judicial Magistrate is directed to take the Charge Sheet on file and dispose of the case within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RTI Act) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Judicial Magistrate, Keeranur 2.The Sub Inspector of Police, Mathur Police Station, Pudukkottai District.

(Crime No.199 of 2018) 2/3

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

+1cc to Mr.R.SURESHKUMAR, ADVOCATE, SR NO.25654 Order made in Crl.O.P(MD)No.14766 of 2020 and Crl.MP(MD) No.6995 of 2020 15.12.2020 PU(CO) KK(02.02.2021) 3P 5C 3/3