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2000 Supreme(Mad) 1300

MALAI SUBRAMANIAN
Christopher Raj – Appellant
Versus
The Sub Inspector of Police, Kalaikkavilai Police Station, Kanyakumari District – Respondent


Advocates:
J.Justin, for P.Selvaraj, for Petitioner.
S.Ravi, Government Advocate, for Respondent.

ORDER: Pursuant to a complaint, a case in Cr.No.362 of 1996 on the file of Kalaikkavilai Police Station, Kanyakumari District was registered and after investigation, charge sheet was filed against the accused for offences under Secs.147 and 320, I.P.C. During the course of investigation, the accused 1, 4 and 5 were arrested and the other accused were not arrested. Without taking the charge sheet on file, the learned Judicial Magistrate No.I Kazhithurai returned the charge sheet to be produced along with other accused, but the other accused were neither arrested nor the charge sheet was resubmitted by the police. A Criminal O.P.No.7694 of 1997 was filed before this Court for a direction to arrest the remaining accused and to resubmit the charge sheet. That O.P. was closed on the undertaking given by the Government Advocate that the remaining accused will be arrested and the charge sheet will be resubmitted within a period of three weeks. Since the other accused were not arrested nor the charge sheet was re-submitted, the petitioner has approached this Court by way of another Crl.O.P. for direction to arrest the remaining accused and resubmit the charge sheet.

2. During the course of







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