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2018 Supreme(Mad) 3907

N.ANAND VENKATESH
MANOHARI – Appellant
Versus
DISTRICT SUPERINTENDENT OF POLICE, SIVAGANGAI DISTRICT – Respondent


Advocates Appeared:
K. Kumaravel, Adv., J. John, Adv., M. Chandrasekaran, Adv., M. Subash Babu, Adv., Rajamohammed, Adv.

JUDGMENT

N. Anand Venkatesh, J.

An important issue has arisen for consideration in these cases with regard to the procedure that is being followed by the Police in a case where an FIR is registered under Section 174 of Criminal Procedure Code. The learned Government Advocate (Crl.Side) appearing for the Police submitted that as a routine practice, in all cases registered under Section 174 of the Code of Criminal Procedure, if in the Course of investigation, the Police finds that no offence has been made out, the Final Report is filed only before the Executive Magistrate and the entire case is closed thereafter. By adopting such a procedure, it was noticed that the Final Report does not reach the concerned Magistrate Court within whose jurisdiction the FIR was registered. Therefore, the de facto complainant in all such cases are kept in dark and they are not even aware about the fate of the case. Neither the Executive Magistrate nor the Police inform about the Final Report filed by the Investigating Officer to the de facto Complainant. In almost all cases registered under Section 174 of Cr.P.C., the victim would have lost his son or daughter or husband or wife or father or mother and






























































































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