IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

Crl.O.P. No.15881 of 2022

Koolan              .. Petitioner

Versus

The State represented by

The Inspector of Police

Kaveripattinam Police Station

Krishnagiri District

Crime No.1319 of 2020              .. Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Criminal

Procedure Code, to direct the respondent police to conduct investigation in

Crime No.1319 of 2020 on the file of the respondent police i.e., Kaveripattinam Police Station, Krishnagiri District and file a final report in the said case before the appropriate Court.

For Petitioner           :  Mr.Ali Hassan Khan

For Respondents     : Mr.E.Raj Thilak

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to to direct the respondent police to conduct investigation in Crime No.1319 of 2020 on the file of the respondent police i.e., Kaveripattinam Police Station, Krishnagiri District and file a final report in the said case before the appropriate Court.

2. When the matter was taken up for hearing on 11.07.2022, the learned Government Advocate (Crl.Side) submitted that the final report has already been filed on 07.12.202 and the same was not taken on file and kept pending. This Court is of the view that even if such final report is filed in time before the concerned Court, the same is returned nor kept pending without taking cognisance. Hence, this Court directed the DGP to file a report before this Court as to how many final reports filed before the Courts below have not been taken on file by the learned Judicial Magistrates. Similarly, this Court directed the learned Principal and District Judges and Chief Judicial Magistrates to file a report as to in how many cases, the final reports have not been taken on file and posted the matter for further hearing on 25.07.2022.
3. On 25.07.2022, the learned Additional Public Prosecutor submitted before this Court that the final report has been taken on file in C.C.No.354 of 2022, by the learned Judicial Magistrate No.I, Krishnagiri and further in compliance to the order of this Court, he submitted before this Court that 61627 cases final reports have been filed and they are yet to be taken on file.

Hence, this Court further directed to call for reports from the Principal Judges and Chief Judicial Magistrates before 12.08.2022 and posted the matter on 16.08.2022.

4. On 16.08.2022, a Report of Director General of Police and Head of Police Force, Tamil Nadu was filed along with the statements of overall NTF cases (pending in Court) all over the State, wherein, inter alia, it was enumerated as for 61627 cases, final report have been filed, but the same is yet to be taken on file and further, a total sum of 11900 final reports were returned by the Court. This Court carefully perused the materials placed on record. On perusal of the report as well as the annexures, this Court is of the view that the above facts clearly would indicate that several final reports have not been taken on file which clearly exhibits that the concerned Court/Magistrates are not taking this issue seriously with the concerned Police Officials even in the Crime Meeting or Monitoring Meeting. Therefore, this Court firmly holds that hereinafter, as indicated by this Court vide Order dated 24.08.2022 passed in Crl.O.P.No.19451 of 2022, the Police Officials shall file final report in Open Court and an acknowledgment should be given by the concerned Magistrate or Court at the moment of filing such final report with an endorsement along with date and signature.
5. It is to be noted that this Court vide Order dated 11.04.2022 made in H.C.P(MD).No.1498 of 2021 had issued the order as follows:

“14.We have also come across the cases, where the final reports are returned by the Judicial Magistrate/Courts on the ground that they are not accompained by the Viscera Report, Biology Report, Serological Report, Chemical Report and DNA Test Report. Sub Rules 7 of Rule 25 of the Criminal Rules of Practice, 2019, makes it clear that the Magistrate of the Courts shall not return the final report on the ground that the above reports are not enclosed along with the final report.

15. The Judicial Magistrates/Criminal Courts shall not return the final reports for such non-enclosure of the reports which are listed out as Nos.(vii) to (x) & (xxix) of Sub Rule 7 of Rule 25 of the Criminal Rules of Practice. This direction shall be scrupulously followed by all the Criminal Courts and the Criminal Courts shall also ensure that the final reports are filed on-line. The Director General of Police is required to issue required Circulars to the respective police stations to ensure complaiance with the above orders. ”
16. The above directions would clearly indicate that under Sub Rules 7 of Rule 25 of the Criminal Rules of Practice, 2019, the Magistrate of the Courts shall not return the final report on the ground that the reports which are listed out as Nos.(vii) to (x) & (xxix) are not enclosed along with the final report. Hence, the above direction shall be scrupulously followed by all the Criminal Courts and the Criminal Courts shall also ensure that the final reports are filed on-line.
17. The Registry is directed to circulate the Order to all the Courts after obtaining order from My Lord, the Honourable the Chief Justice.
18. With the above directions, this Criminal Original Petition stands disposed of. No costs.

29.08.2022

dhk

Note:  The Registry is directed to circulate   the Order to all the Courts

To

1.The Judicial Magistrate No.I Krishnagiri

2.The Inspector of Police

Kaveripattinam Police Station Krishnagiri District

3.The Public Prosecutor, High Court of Madras.

 

1. SATHISH KUMAR, J.

dhk Crl.O.P. No.15881 of 2022

29.08.2022

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