A. KALIYAPERUMAL Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) An important issue was raised in these petitions and hence the issue is being dealt with in common in these criminal original petitions. After answering the issue, the facts of each will be considered and separate orders will be passed in each petition.

(2.) The petition was filed in Crl.OP.No.433 of 2024, seeking transfer of investigation on the ground the police have not taken any steps to complete the investigation and file a final report even though specific directions in this regard have been issued by this Court earlier.

(3.) When the matter had come up on 12/1/2024, the learned Additional Public Prosecutor had submitted, on instructions, that the final report was filed before the Judicial Magistrate, Thittakudi. However, as the offence involved was punishable with imprisonment of two years, the final report ought to have been filed within the period prescribed under Sec. 468 Cr.PC. As the same was done only after four years, which is admittedly beyond the period of limitation, the Court below has not taken cognizance. Hence, notice has been issued to the accused in Crl.MP.No.1767 of 2023 as the Court wanted to exercise its power under Sec. 473 Cr.PC.