Madras High CourtCRL OP(MD)/16799/2024disposed of

P.Balamurugesh v. The State Of Tamilnadu,

2024-10-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR P.Balamurugesh ... Petitioner Vs.

1.The Superintendent of Police, Pudukkottai District, Pudukkottai.

2.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

(Crime No.76 of 2024) ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to issue a suitable direction to the respondents to conduct fair enquiry and file final report in Crime No.76 of 2024 on the file of the second respondent, on the basis of CCTV footage and Motor Vehicle Report received by the second respondent in the case. For Petitioner : Mr.SP.Vijaynivas For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents to conduct fair enquiry and file final report in Crime No.76 of 2024 on the file of the second respondent, on the basis of CCTV footage and Motor Vehicle Report received by the second respondent in the case.

2. It is seen from the records that on the basis of the complaint given by one Motcha Mary, FIR came to be registered in Crime No.76 of 2024 on 18.05.2024 for the offences under Sections 279, 304(A) and 337 IPC.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that charge sheet was made ready on 18.08.2024 and the same came to be filed before the Judicial Magistrate, Thirumayam on 30.09.2024 through e-filing.

4. Recording the same, the learned Judicial Magistrate, 2/4

Thirumayam is directed to take the charge sheet on file, if it is otherwise in order and in case of issuance of any memo to rectify the defects in the charge sheet, issued by the learned Magistrate, the second respondent is directed to rectify the defects and re-submit the same within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the learned Judicial Magistrate, Thirumayam is directed to take the charge sheet on file, if it is otherwise in order within a period of one week thereafter.

5. With the above direction, this Criminal Original Petition stands disposed of.

03.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Judicial Magistrate, Thirumayam.

2.The Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

3/4

K.MURALI SHANKAR,J.

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

Order made in Dated: 03.10.2024 4/4