A. Louis Immanuvel Vs. State represented by The Superintendent of Police, Madurai District, Madurai and Others - Court Judgment

Excerpt:

Judgment:

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the 2^nd respondent to file a final report in Crime No.451 of 2013 within a time period stipulated by this Honourable Court.)

1. This petition has been filed to direct the 2^nd respondent to file a final report in Crime No.451 of 2013.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. It is seen that on the complaint given by this petitioner, the respondent police registered a case in Crime No.451 of 2013 on 02.12.2013 under Sections 419, 465, 471 and 120(b) IPC against four accused. Today, when the matter was taken up for hearing, learned counsel for the petitioner brought to the notice of this Court that learned Judicial Magistrate No.VI, Madurai has closed the FIR in Crime No.451 of 2013 on 02.12.2014 by passing the following order:

The above FIR is long pending before this Court for long time without any progress for filing charge sheet agaisnt the accused. FIR received this court on 12.12.13. Already intimate the concern SHO any objection and charge sheet filed on or before 02.12.14. Otherwise the FIR closed U/s.167(5) Crpc. But till date no steps to taken. Hence the FIR is closed U/s.165(5) give RCS No.683/14.

4. This Court is indeed surprised as to how learned Magistrate shall close the prosecution for offences under Sections 419, 465, 471 and 120(b) IPC, which are not summons cases, but warrant cases. The provisions of Section 167(5) Cr.P.C. will not apply to prosecution of the aforesaid sections.

5. Hence, this petition is closed with liberty to the petitioner to challenge the order dated 02.12.2014 passed by the learned Judicial Magistrate No.VI, Madurai in accordance with law.