The court emphasized the necessity for accountability and efficiency in the e-filing system for charge sheets, directing both police and courts to address discrepancies and enhance operations.

ORDER :

The Criminal Original Petition has been filed invoking Section 528 BNSS seeking orders to call for the records pertaining to the FIR in Crime No.131 of 2024 dated 27.03.2024 on the file of the first respondent and quash the same.

2. It is pertinent to mention that the petitioner has earlier filed a petition in Crl.O.P.(MD)No.6334 of 2024 for quashing the FIR in Crime No.131 of 2024 and this Court, recording the submission made by the learned Government Advocate (Criminal Side) that final report has already been filed before the Court concerned, closed the petition by giving liberty to the petitioner to challenge the charge sheet.

3. When the present criminal original petition was taken up for hearing, the learned counsel appearing for the petitioner submitted that since final report was not filed and the case was not taken on file, the petitioner was constrained to file the present criminal original petition again for quashing the FIR. At that juncture, the learned Government Advocate (Criminal Side) submitted that final report came to be filed through e-filing (No.CC202400067) on 22.04.2024. Considering the submission made by the learned counsel appearing for the petitioner that though the occurrence was happened on 23.06.2020 and FIR came to be registered on 27.03.2024 for the alleged offences under Sections 170, 417 and 419 of IPC, they have not filed the final report till then, this Court directed the respondent police to file final report, if not filed earlier. Considering the situation prevailing then, this Court was constrained to observe and issue directions vide order dated 30.09.2024 and the same as follows:-

“.....

7. I have encountered several cases in my current Portfolio where prosecutors claimed that the concerned police have filed charge sheets / final reports before the Judicial Magistrate Courts / Sessions Court through e- filing, dating back to the period between last week and last year. However, this Court is uncertain whether these charge sheets / final reports are being unnecessarily delayed without being taken on file for an extended period.

8. I requested reports from some Courts whether charge sheet / final report was submitted as stated by the police and if so, the reasons for not taking the cases on file. The reports revealed that although final reports was submitted, memos were issued to rectify the defects and despite reminders, there was no response and hence, they were not in a position to take the cases on file.

9. To ensure accountability from both the police and the Court, both were directed to follow the e-filing system for submitting charge sheets / final reports without any deviation. Unfortunately, the system is not functioning properly, with both sides blaming each other. To determine who is at fault and to improve the system's efficiency, it is essential to request particulars from both the sides. Therefore, all the Principal District Judges under the jurisdiction of Madurai Bench of Madras High Court are directed to submit a report detailing:

1. Number of charge sheets / final reports filed through e-filing before the Judicial Magistrate Courts / Sessions Courts for the past one year;

2. Cases taken on file;

3. Memos issued for defect rectification;

4. Number of cases with submitted rectification reports;

5. Number of charge sheets/ final reports pending without being taken on file and

6. Reasons for the delay.

10. The Inspector General of Police for South Zone and Central Zone and Commissioner of Police, Madurai, Trichy and Tirunelveli City are also directed to submit a report with the same particulars for police stations in the Districts under the jurisdiction of Madurai Bench of Madras High Court.

11. Reports to be submitted on or before 18.10.2024.

12. Post the matter on 21.10.2024.”

4. When the matter was taken up again on 21.10.2024, this Court has observed,

“In pursuance of directions of this Court, the learned Principal District Judges of fourteen Districts have submitted their reports an