IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2610 of 2017 Arumugam ... Petitioner Vs
1. State by The Inspector of Police, Kaveripakkam, Vellore District.
2. Karthikeyarajan ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to file the final report / charge sheet in the above FIR No.200 of 2011 on the file of the first respondent police.
For Petitioner : Mr.B.Vijayakumar For respondents : Mr.C.Emalias, Addl. Public Prosecutor, for R1 ORDER The present criminal original petition has been filed seeking a direction to the first respondent police to file the final report/ charge sheet in FIR No.200 of 2011 pending on his file.
2. It is the case of the petitioner that in an accident that had occurred on 7.6.2011, his wife and son, who were travelling in the bus bearing Registration No.PY 01 BH 9919 had died. Claiming compensation, the petitioner filed M.C.O.P.Nos.197 and 198 of 2011. With regard to the said accident, criminal proceedings were also initiated by the first respondent police by registering a case in FIR No.200 of 2011. Though the said case was registered as early as in the year 2011, till date, final report was not filed. Hence, the present petition.
3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that in FIR No.200 of 2011, after completion of investigation, charge sheet was filed and the same was taken on file as STC No.206 of 2012 and after trial, fine was imposed on the accused and the accused had also paid the fine amount.
4. In view of the said submission made by the learned Additional Public Prosecutor, I am of the opinion that nothing survives for adjudication in this matter. Hence, recording the said submission made by the learned Additional Public Prosecutor, the Criminal Original Petition is closed.
09.02.2017 Index:Yes/No sbi To
1. The Inspector of Police, Kaveripakkam, Vellore District.
2. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.2610 of 2017 DATED: 9.2.2017 Crl.O.P.No.2610 of 2017 R. MAHADEVAN,J., At the instance of the petitioner, the matter has been taken up today under the caption “Being Mentioned”.
2. The learned counsel for the petitioner submitted that the petition came to be disposed of on 09.02.2017 on the representation made by the learned Additional Public Prosecutor that in the case in Cr.No.200 of 2011, investigation was over and charge sheet was filed and the same was taken on file as STC No.206 of 2012. Recording the same, the Criminal Original Petition was closed.
3. Now, the learned counsel for the petitioner has brought to the notice of this Court that final report has not been filed in Cr.No.200 of 2011. Upon enquiry, the learned Additional Public Prosecutor submitted that inadvertently, a case connected to Cr.No.209/2011 was submitted before this Court on 09.02.2017. He further submitted that now final report is made ready in respect of the case in Cr.No.200 of 2011 and the same shall be filed within a period of three weeks.
R. MAHADEVAN,J., sr
4. It is also submitted by the learned Additional Public Prosecutor that the Deputy Superintendent of Police, Arakkonam is investigating the case in Cr.No.200 of 2011.
5. Recording the above statement, the Deputy Superintendent of Police, Arakkonam is directed to complete the investigation and file final report in Cr.No.200 of 2011 within a period of three weeks from the date of receipt of a copy of this order. The criminal original petition is ordered accordingly.
Index:yes/no website:yes/no sr Note: Registry is directed to issue fresh copy to the learned counsel for the petitioner.
http://www.judis.nic.in 12-06-2017 Crl.O.P.No.2610/2017