KISHORE Vs. STATE

JUDGEMENT

(1.) The Criminal Revision is directed against the order passed in Crl.M.P.No.1399 of 2023 in C.C.No.228 of 2023 dtd. 24/5/2023 on the file of the Court of the Judicial Magistrate, Oddanchathiram, condoning the delay in laying the final report under Sec. 473 of Code of Criminal Procedure.

(2.) On the basis of the complaint lodged by the second respondent/ defacto complainant, FIR came to be registered in Crime No.78 of 2018 on 2/4/2018 for the accident held on 2/4/2018 against the petitioner/sole accused for the offences under Ss. 279 and 337 IPC. Subsequently, since the victim had died, the case was altered into Ss. 279 and 304(A) IPC. The first respondent police has filed the final report dtd. 30/6/2018 before the jurisdictional Court on 2/3/2023 along with an application under Sec. 473 Cr.P.C. to condone the delay in filing the final report and the said petition was taken on file in Crl.M.P.No.1399 of 2023 on the file of the Court of the Judicial Magistrate, Oddanchathiram. The petitioner has filed a reply raising serious objections to condone the delay and for taking cognizance consequently. The learned Judicial Magistrate, after enquiry, has passed the impugned order dtd. 24/5/2023 allowing the petition and thereby condoning the delay in filing the final report and consequently, the case was taken on file in C.C.No.228 of 2023 on the file of the said Court. Aggrieved by the order passed in Crl.M.P.No. 1399 of 2023 and consequent order taking cognizance of the case, the accused has preferred the present revision.

(3.) In the affidavit filed in support of the petition filed under Sec. 473 Cr.P.C., the Sub Inspector of Police has stated that since the case bundle was mingled with the other records in the police station and that the Government Offices and the Courts were not functioning due to the restrictions imposed for Covid-19, they were not in a position to file the final report before the jurisdictional Court, that the delay in filing the same is not wanton and that the delay has to be condoned considering the interest of justice and the interest of society.