R.RAJKUMAR Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the accused in C.C.No.3 of 2020 on the file the learned Judicial Magistrate, Tiruvadanai to quash the final report pending in C.C.No.3 of 2020.

(2.) The case in Crime No.270 of 2012 was registered as against unknown accused. The gist of the First Information Report is that on 08.12.2012, at about 4.00 pm, the Inspector of Police, Thondi Police Station, one Mr.Danapalan, visited the Police station by surprise, verified the Government properties and found a pistol and 30 bullets were missing. The Inspector of Police has further stated in the complaint that on verification of records like general diary and other registers, he found that on 04.11.2012, at about 9.30 pm, the petitioner while working as Sub Inspector of Police in the said Police station, has taken out a 9 MM pistol (But No.53RM) with 6 bullets for the purpose of vehicle check at Thondi check post. But this entry, which is found in the disbursement register has not been recorded in the general diary. Moreover, there is no record for return of those arms in the Police Station. Apart from these 6 bullets, 24 other bullets, which were found in the custody of one Special Sub Inspector of Police, Balaian were also missing and therefore, suspecting that somebody has stolen away the articles, he lodged the complaint in Crime No.270 of 2012.

(3.) It is to be noted that originally this petition has been filed challenging the FIR. When the matter was listed for admission on 11.06.2020, the learned Additional Public Prosecutor submitted that the investigation in Crime No.270 of 2012 was already completed and final report was also filed before the Court and the same was also taken on file in C.C.No.3 of 2020 on the file of the learned Judicial Magistrate, Tiruvadanai.