Madras High CourtCRL OP(MD)/41/2023dismissed as infructuous

Mookkan v. The Superintendent Of Police

2023-10-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Mookkan .. Petitioner/Defacto complainant Vs.

1.State rep by The Superintendent of Police, Madurai District, Madurai.

2.State rep.by The Deputy Superintendent of Police, Melur, Madurai District.

3.State rep.by The Inspector of Police, Keelavalavu Police Station, Madurai District, In Crime No.238 of 2022 ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents to expedite the investigation and to file the final report in Crime No.238 of 2022 pending on the file of the third respondent police within the time limit as fixed by this Court. For petitioner : Mr.N.Jothivel No Appearance For Respondents : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) 1/4

O RDER This petition has been filed seeking direction to the respondents to expedite the investigation and to file the final report in Crime No.238 of 2022 pending on the file of the third respondent police within the time limit as fixed by this Court.

2.The grievance of the petitioner is that he is the defacto complainant in Crime No. 238 of 2022, which was registered for the offences punishable under Sections 147, 447, 294(b), 323, 427, 506(i) IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities), Amendment Act, 2015. The grievance of the petitioner is that though the case was registered in the year 2022, so far no final report has been filed. 3.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.side) would submit that investigation in this case has been completed and the final report has also been filed before the Judicial Magistrate (PCR) Court, Madurai on 13.07.2023 but, the same was not taken on file so far.

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4.Since the final report has been filed before the concerned Court, the prayer sought for by the petitioner in this petition has become infructuous.

5.Accordingly, this Criminal Original Petition is dismissed as infructuous. There shall be a direction to the learned Judicial Magistrate (PCR Court), Madurai, to process the final report and take the same on file as per the Rules.

06.10.2023 Index : Yes/No Internet : Yes/No ta To 1.The Judicial Magistrate (PCR) Court, Maudrai.

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

3.The Deputy Superintendent of Police, Melur, Madurai District.

4.The Inspector of Police, Keelavalavu Police Station, Madurai District, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

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