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Madras High CourtCRL OP(MD)/22356/2024disposed of

Arockiam v. The State Of Tamilnadu

2024-12-18Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Arockiam ... Petitioner Vs The State of Tamilnadu, Rep. by the Inspector of Police, Thallakulam Police Station, Madurai City.

Crime No. 1167/2017.

... Respondent PRAYER: Petition filed under Section 582 of BNSS Act, 2023, to direct the learned Judicial Magistrate No.II, Madurai to taken on file of the unnumbered C.C. Nil of 2024 in Crime No. 1167/2017 on the file of the respondent police.

For Petitioner : Mr.J.M.Arvind Pawlraj For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed to direct the learned Judicial Magistrate No.II, Madurai to take the case on file in Cr.No.1167 of 2017 based on the final report filed by the respondent. 2.The case of the petitioner is that the petitioner is working as a Teacher. Based on the complaint given by the petitioner, a case in Cr.No.1167 of 2017 has been registered by the respondent Police for the offence punishable under Sections 406, 420, 120(B) IPC against four accused persons. Thereafter, the respondent Police did not take any steps to proceed with the investigation. Therefore, the petitioner has filed a petition in Crl.O.P(MD) No.1581 of 2024 directing the respondent to file a final report. When the case came up for hearing on 02.02.

2024, the respondent Police sought two week time to file final report and based on the said submission, the said petition was closed. However, even on 25.11.2024, when the petitioner filed a copy application seeking charge sheet before the concerned Court, the same was returned with an endorsement that corrected charge sheet is yet to be filed. Hence, this petition has been filed.

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3.The learned Additional Public Prosecutor on instructions submitted that in this case after making necessary corrections, charge sheet has been filed before the concerned Court through e-filing mode on 12.12.2024.

4.In view of the above, the learned Judicial Magistrate No.II, Madurai is directed to take the charge sheet on file as per rules. In any event, the charge sheet has to be taken on file on or before 21.01.2025. The learned Magistrate is directed to dispose of the case within a period of 9 months from the date of taking cognizance of the case, since there are only 7 witnesses in this case.

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

18.12.2024 Index: Yes/No Internet : Yes/No PNM 3/5

To

1. The Judicial Magistrate No.II, Madurai

2. The Inspector of Police, Thallakulam Police Station, Madurai City. Crime No. 1167/2017.

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

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M.NIRMAL KUMAR, J.

PNM ORDER IN 18.12.2024 5/5