Dismissed

Sobana v. State Rep.by the Inspector of Police

Madras HC6 Jun 2023CRL OP/3465/2023

Case brief

AI extract

What is this about?

In a Criminal Original Petition under Section 482 Cr.P.C., the petitioner sought a charge sheet after a prior order for a final report remained unfulfilled. The Court dismissed the plea since the final report recorded 'Further action Dropped' and directed the petitioner to challenge it before the trial court.

What did the court decide?

Petitioner aggrieved is directed to challenge the final report filed by the police before the trial court.

Sobana Vs State Rep.by the Inspector of Police — Quashing and FIR | Madras HC (2023)

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Crl.O.P.No.3465 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.06.2023

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CORAM

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THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

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Crl.O.P.No.3465 of 2023

Sobana

... Petitioner

Vs.

Inspector of Police, Annadanapatty Police Station, Salem City. ... Respondent

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PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Respondent to file the charge sheet in Crime No.252 of 2019.

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For Petitioner : M/s. R.Meenakshi Devi For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate ( Crl. Side)

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ORDER

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This Criminal Original Petition has been filed to direct the respondent

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to file the charge sheet in Crime No.252 of 2019.

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When the matter is taken up for hearing, the learned Government

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Advocate (Crl. Side) submitted that, investigation in this case is completed and

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final report is filed as ''Further action Dropped''.

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Crl.O.P.No.3465 of 2023

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In response, learned counsel for the petitioner submitted that, on an

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earlier occasion, petitioner filed petition for quashing the FIR. In that petition, this Court on 20.04.2022., passed an order directing the Investigating Officer to proceed with the investigation and lay the final report before the Judicial Magistrate, Salem within a reasonable period of three months from the date of receipt of copy of the order. However, till now, final report was not filed, necessitating the filing of this petition.

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It is seen that on 21.04.2023, this Court directed the presence of the

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Investigating Officer before this Court to answer as to why the final report in this case was not filed as ordered by this Court on Crl.O.P.Nos.12730 and 14131 of 2019. Today., Mr. Ramakrishnan, Inspector of Police, Annadanapatty Police Station, Salem District is present. It is submitted by him that, this direction was issued in Crl.O.P.Nos.12730 and 14131 of 209 on 20.04.2022, at that time, he was not working as Inspector of Police at Annadanapatty Police. On coming to know about the direction, he expedite the investigation and now filed final report.

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Crl.O.P.No.3465 of 2023

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In the light of the submission made that final report is filed as

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“Further Action Dropped”, this Court cannot give the direction sought for by the petitioner. If the petitioner is aggrieved, it is open to the petitioner to challenge the final report filed before the trial Court.

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Accordingly, this Criminal Original Petition is disposed of.

06.06.2023

sma

To,

1.Inspector of Police, Annadanapatty Police Station, Salem City.

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The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.3465 of 2023

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G.CHANDRASEKHARAN, J.

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s ma

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Crl.O.P.No.3465 of 2023

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06.06.2023

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Sobana v. State Rep.by the Inspector of Police

Case brief

What is this about?

What did the court decide?

Sobana v. State Rep.by the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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