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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.VADAMALAI, J
Arumugam – Appellant
Versus
State of Tamilnadu, rep. by The Inspector of Police, CBCID - OCU, Tiruchirappalli District. – Respondent
ORDER :
(P. VADAMALAI, J.)
This Criminal Revision Case is filed against the order, dated 28.10.2024 passed in Cr.M.P.No.39985 of 2024 in C.C.No.437 of 2021 on the file of the learned Judicial Magistrate No.VI, Tiruchirappalli.
2.The brief facts of the case :
The second respondent and his family members were accused in six cases registered before the Virukambakkam Police Station. They were granted bail with the condition to sign before the Inspector of Police, Virukambakkan and later, that condition was modified as to sign before the Inspector of Police, Trichy Cantonment Police Station. On 05.11.2014, when the second respondent and his family members went to the Trichy Cantonment Police Station, it was alleged that the Inspector of Police Virkambakkan Police Station, his driver Kannan accompanied by the Sub Inspector of Police and 10 others belong to the Vadapalani Police Station dragged and attacked them. As there was no action taken by the police, the second respondent moved with Crl.O.P.(MD)No.13947 of 2015 before this Court and as per the order passed by this Court, the case in Crime No.788 of 2015 U/s.147, 341, 294(b), 323, 506(1) IPC was registered by the Trichy Cantonment Police
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The Magistrate's discretion in accepting or rejecting police final reports is paramount, and the Revisional Court's role is limited to ensuring no legal errors occurred in the lower court's proceedin....
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A Magistrate must provide clear reasons when disagreeing with a negative Final Report, and failing to do so renders the order unsustainable.
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