MARIAM BEE Vs. COMMISSIONER OF POLICE, MADRAS,

JUDGEMENT

(1.) THIS petition has been filed by the complainant in C. C. No. 14590 of 1968 on the file of the Court of the Chief Presidency Magistrate, Egmore, Madras to direct the Commissioner of Police, Madras to file charge sheet in respect of her complaint which was forwarded to the police for enquiry and report. This prayer cannot be granted for the reason that this Court has no jurisdiction to compel the police officer to file a charge sheet. What the Court could do in cases where the police have investigated is to ask the police to submit the report under Section 173, Criminal Procedure Code It is left to the discretion of the police after the investigation of a cognisable offence, to come to an opinion whether there was a case to be proceeded against or not. Ultimately, it is for the Magistrate to agree or to disagree with the report submitted by the police officer and take further action as provided under the law. But as pointed out already, no Court can insist upon the police to file a charge sheet if in the opinion of the police, such charge sheet will not lie. As the prayer was confined only to insist upon the police to file a charge sheet, this petition has to be dismissed. But, however, as the prayer was admittedly misconceived in relation to the facts of this case, it is necessary to give a suitable direction to the Chief Presidency Magistrate.

(2.) THE facts of the case are these: In the disturbances between the students and the workers of State Transport department on the 25th and 26th March 1968, the husband of the complainant who is the petitioner in this petition was alleged to have been killed by the inmates of the Law College hostel. Immediately after the said occurrence, a Commission of Enquiry was appointed for the purpose of making an enquiry into the incidents and the commission submitted its report in May 1969 after enquiry.

(3.) IN the meanwhile, as the police did not file charge sheet against the concerned accused, the petitioner filed a complaint on 10.5.1968 before the Chief Presidency Magistrate, Madras, for an offence under Section 302, I. P. C. against certain persons whose names were not known to her. The complaint was taken on file in C. C. 14590 of 1968 on the file of the Chief Presidency Magistrate and the petitioner was examined on oath. Thereafter, the complaint was forwarded to the Commissioner of Police for enquiry and report. On 2.7.1968 a letter was received from the Commissioner of Police by the Chief Presidency Magistrate that they were filing a charge sheet and the matter was posted to 10th July 1868. But the police have not filed a charge sheet. In the course of the enquiry by the Commission, it appears that statements were recorded from various witnesses even in respect of the occurrence which is the subject matter of the present complaint. Several reminders appear to have been sent to the Commissioner of Police by the learned Chief Presidency Magistrate and on 31st October 1969, an endorsement was made by the Chief Presidency Magistrate to the effect that no report was received from the Commissioner of Police and at request, it was adjourned to 15th November 1969. This petition has, therefore, been filed to direct the Chief Presidency Magistrate to insist upon the police to file the charge sheet.