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T.Raja vs The Inspector Of Police on 1 October, 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH

CRL.O.P.No.19081 of 2018

T.Raja .. Petitioner
Vs

The Inspector of Police,
Kalavi Police Station,
Vellore District. .. Respondent

Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondent to file the final report in Crime No.75 of 2014 on the file of the respondent within stipulated period.

For Petitioner : Mr.M.Sathish Kumar
For Respondent : Mr.C.Raghavan, GA

O R D E R

This Criminal Original Petition has been filed to direct the respondent to file a final report in Crime No.75 of 2014.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

3.Today, Mr.S.Govindasamy, Inspector of Police, Kalavai Police Station is present before this Court.

4.On instructions, learned Government Advocate submitted that on the complaint given by the petitioner, the respondent Police registered a case in Crime No.75 of 2014 on 02.05.2014 under Section 174(3) Cr.P.C. Thereafter, the case was altered to one under Section 498A and 306 IPC and after completing the investigation, the Police filed a Final Report before the Judicial Magsitrate, Arcot on 04.11.2015. But however, the same has not been taken on file on the ground that the original complaint and the FIR is not available in the office of the Tahsildar, Arcot Taluk, where the complaint and the FIR was sent initially. However, a copy of the complaint and the FIR is in the CD file. Just because the original complaint has been lost, the victim cannot be left without any remedy. It is always open to the Judicial Magistrate, Arcot to reconstruct the papers. Therefore, this Court directs the District Munsif-cum-Judicial Magistrate, Arcot to obtain a photocopy of the complaint and FIR from the CD file, reconstruct the same and take on file the Final Report in Crime No.75 of 2014.
With the above direction, this petition is ordered accordingly.

01.10.2018
gya

To

1.District Munsif-cum-Judicial Magistrate,
Arcot.

2.The Tahsildar,
Arcot Taluk,
Vellore District.

3.The Inspector of Police,
Kalavi Police Station,
Vellore District.

4.The Public Prosecutor,
High Court, Madras.

P.N.PRAKASH, J.

gya

CRL.OP.No.19081 of 2018

01.10.2018

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