The investigative agency must ensure effective prosecution beyond just filing a final report.

ORDER

Crl.OP(MD)No.13345 of 2023 was filed by the petitioners / accused to quash the FIR pending against them in Crime No.94 of 2012 on the file of the M.Chathirapatti Police Station, Madurai. When the criminal original petition came up for hearing on 21.06.2024, it was represented by the Police that they have completed the investigation, filed the final report and that the final report has been taken on file in PRC.No.7254 of 2023 on the file of the Judicial Magistrate No.V, Madurai. Recording the same, this Court, by order dated 21.06.2024, closed the criminal original petition, with liberty to the petitioners to challenge the final report, if so advised.

2.The petitioners have, thereafter, applied for issuance of certified copy of the final report before the Judicial Magistrate Court No.V, Madurai. The application was returned with an endorsement that final report was not filed. Therefore, the petitioners have moved this miscellaneous petition to recall the earlier order dated 21.06.2024 passed in Crl.OP(MD)No.13345 of 2023.

3.Learned Counsel for the petitioners submitted that a false representation has been made before this Court that a final report has been filed and taken on file in PRC.No.7254 of 2023. Whereas, no final report was filed and it was not taken on file, till date. Therefore, she prayed for appropriate orders.

4.Learned Additional Public Prosecutor, on instructions, submitted that they have, in fact, filed the final report on 11.07.2023 through e-filing in No.7254 of 2023. However, the filing number has been inadvertently mentioned as PRC number.

5.On a query posed by this Court as to the present status of the final report, it is represented that the final report has been returned by the concerned Magistrate for certain defects. Thereafter, it has been filed before the Court of Judicial Magistrate No.V, Madurai, in PRC.No.575 of 2024 and committed to the Additional District Court, Madurai, in SC.No.48 of 2025.

6.The complainant in Crime No.94 of 2012 appears to be a Police Constable. The nature of complaint is that the accused persons have waylaid the police party, abused them and also attacked the police party as well as vehicle. This complaint was lodged on 11.12.2012. For a complaint lodged in the year 2012, the final report appears to have been filed in the year 2024, after eleven years and to be noted, the final report was not taken on file immediately for certain defects.

7.In fact, a learned Single Judge of this Court [Hon'ble Mr.Justice G.R.Swaminathan] has already faced this issue in a contempt petition in Cont.P(MD)No.728 of 2022 in Crl.OP(MD)No.29 of 2022. In that case, the criminal original petition, which was filed to quash the FIR, was closed on a representation that final report was filed. However, the final report was not filed before the concerned Court, which led to the filing of the contempt petition. In the contempt petition, the Hon'ble Judge suo-motu impleaded the then Inspector General of Police, South Zone, Madurai, took pains to correct the system and has passed series of orders. Because of the orders passed therein, several final reports were taken on file, after following the due procedures. Some of the directions issued are extracted as under:-

(i) Order dated 20.06.2022:-

“3. ...

(I) As and when final reports are filed before the jurisdictional Courts, the concerned Court clerk will acknowledge receipt of the same by affixing seal with date and signature on the first page of the office copy of the final report.

(II) If such receipt is not given by the Court clerk, the concerned IO shall report to the Superintendent of Police of the concerned District within 24 ho