Madras High CourtCRL OP(MD)/16903/2024disposed of

Justin Joseph v. The State Of Tamil Nadu

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 Justin Joseph ... Petitioner Vs.

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

2.The Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Aundiapatti Taluk, Theni District.

3.Manikandan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to expedite the investigation in Crime No.492 of 2021 dated 01.12.2021 and to file the final report within a stipulated time as may be fixed by this Court. For Petitioner : Mr.H.Thayumanaswamy For R1 & R2 : 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 second respondent to expedite the investigation in Crime No.492 of 2021 dated 01.12.2021 and to file the final report within a stipulated time as may be fixed by this Court.

2. It is seen from the records that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.492 of 2021 on 01.12.2021 for the offences under Sections 147, 148, 448, 342, 294(b), 427 and 506(2) IPC.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that charge sheet was made ready on 05.08.2024 and the same came to be filed before the Judicial Magistrate, Andipatty on 12.08.2024 through e-filing.

4. Recording the same, the learned Judicial Magistrate, Andipatty is directed to take the charge sheet on file, if it is otherwise in order and 2/4

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, Andipatty 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, Andipatty.

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

3.The Inspector of Police, Kadamalaikundu Police Station, Kadamalaikundu, Aundiapatti Taluk, Theni District.

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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