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2003 Supreme(Mad) 2040

M.THANIKACHALAM
Ameer Abdulla & Others – Appellant
Versus
State by Sub Inspector of Police – Respondent


Advocates Appeared:For The Petitioners:Srinath Sridevan, Advocate. For The Respondent:A.N. Thambidurai, Govt. Advocate (Crl.side)

Judgment :-

Accused Nos.2 to 8,11,12,15,20,23,24,29,31 to 33 in Cr.No.655/96 on the file of the respondent police, are the petitioners.

2. The respondent/complainant had registered a case against the accused petitioners and others in Cr.No.655/96, for the offences under Sections 147,148,448 and 427 I.P.C., for the incident or the commission of the offence said to have taken place on 3.7.1995. It seems, they have filed a final report on 7.5.1996 and the same was returned for rectification of some defects, by the Court on 10.5.1996. Thereafter, rectifying the defects, the final report was filed only on 24.7.1998.

3. The learned Judicial Magistrate, Nagapattinam, perusing the final report, came to the conclusion that the final report ought to have been filed, after rectifying the defects, on or before 3.7.1998, whereas the final report was filed only on 24.7.1998, after the prescribed period of limitation. In this view, he refused to take cognizance of the offence and rejected the same under Section 468(2) of Cr.P.C. As submitted by either party, the police have not questioned the order passed by the Judicial Magistrate dated 24.7.1998, refusing to take cognizance of the offence, as ti







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