Back
HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
IRUTHAYAMARY – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent
Criminal - Procedure - Section 482 Cr.P.C - Summary of issues relating to the filing and availability of FIR and case records, where the court emphasized the importance of reconstituting and transferring records in a timely manner.
Fact of the Case:
The petitioner alleged that the final report in a criminal case was not filed and that original documents, including the FIR, were missing. The petitioner sought a direction from the court to obtain a certified copy of the FIR, which had been unavailable at the court.
Finding of the Court:
The court found that although the final report had been filed electronically, the FIR copy was missing. The court directed the police to take necessary actions to reconstruct the file and ensure it is transferred to the appropriate Special Court within 30 days.
Issues: The primary issue was the unavailability of the FIR and the final report in the criminal case, and the legal procedures required to address this gap.
Ratio Decidendi: The decision hinged on the necessity for courts to maintain accurate and complete records in criminal cases and the imperative for police to facilitate the timely reconstruction of these records.
Final Decision: The Criminal Original Petition was disposed of with the directive for record reconstruction and transfer.
O R D E R
The petitioner herein is the defacto complainant in Cr.No.192 of
2024 pending on the file of CCB, Chennai. Alleging that the final report in the case was not filed and the original documents relating to the case also found to be missing. He has filed this present petition under Section 482 of Cr.P.C for a direction to the learned XV Metropolitan Magistrate, George Town, Chennai to issue certificate copy of the first information report.
2. The learned counsel appearing for the petitioner submits that when the petitioner filed a copy application to furnish certified copy of the FIR, the same has been returned with an endorsement, “ final report not filed”. Hence, Copy Application had been returned. Again, when he sought for copy of the FIR, the application was returned with an endorsement, “ FIR Copy is not found”. Hence returned.
3. The learned Government Advocate (Crl.Side) submits that on
02.01.2024, final report was filed through e-filing on completion of investigation in Cr.No.192 of 2022. Later, found that the copy of the FIR not available in the Court. The Investigating Officer has filed an application before the learned XV Metropolitan Magistrate, George Town, Chennai requesting to re-construct the records based on the FIR Copy available in the Station.
4. The learned Government Advocate (Crl.side) further submits that the case in Cr.No.192 of 2022 for offence under Section 406 and 420 of IPC initially registered by H4, Korrukupettai Police Station and later pursuant to the direction of this Hon'ble Court , investigation was transferred to CCB, Chennai on 31.08.2022 after completion of investigation. He further submits that FIR was originally filed before the learned XV Metropolitan Magistrate, George Town, Chennai, final report also filed before the said Court and for onward transfer to the Special Court constituted for trial of cases investigated by CCB.
5. The learned counsel appearing for the petitioners states that till date no record is available either in the XV Metropolitan Magistrate Court, George Town, Chennai or before the designated Court constituted for trial of cases investigated by CCB.
6. Taking note of the facts and the circumstances of the case, this Court directs the respondent police to take necessary action for re-constituting the file and ensure the matter get transferred to the Special Court constituted for trial of cases investigated by CCB and also to follow the representation given to XV Metropolitan Magistrate Court, George Town, Chennai and ensure that the records are reconstituted and get transferred to Special Court constituted for trial of cases investigated by CCB preferably within a period of 30 days from the date of receipt of a copy of this Order.
7. With the above direction, this Criminal Original Petition is disposed of. 02.08.2024 Vv To
1. The XV Metropolitan Magistrate Court, George Town , 2. The The Inspector of Police, Central Crime Branch, Commissioner Office Building, 132, EVK Sampath Road, Vepery, Periyamet, Chennai-600 007
3.The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN,J.
Vv
02.08.2024
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
