C V MANIGANDAN Vs. SUB-INSPECTOR OF POLICE

JUDGEMENT

(1.) This petition has been filed to direct the lower Court to receive the Certificate issued by the petitioner herein in connection with Compact Disc-M.O.1 as an additional evidence in C.C.No.7362 of 2013 on the file of II Metropolitan Magistrate, Egmore, Chennai by setting aside the impugned order passed in M.P.No.1279 of 2017 in C.C.No.7362 of 2013 dated 24.07.2017.

(2.) On the complaint lodged by the petitioner that he was illegally restrained and assaulted by the accused, the Sub-Inspector of Police, G1, Vepery Police Station, Chennai, registered a case in Cr.No.327 of 2013 under Sections 341 and 323 IPC and after completing the investigation, filed a charge sheet before the II Metropolitan Magistrate, Egmore, Chennai, in C.C.No.7362 of 2013 against the accused for the said offence. On the appearance of the accused, copies were furnished to him under Section 207 Cr.P.C. and charges were framed.

(3.) The petitioner/de facto complainant was examined as P.W.1. In his evidence-in-chief, the petitioner marked a Compact Disc, containing recordings of the assault that took place at the alleged time. The said Compact Disc was marked as M.O.1. Thereafter, the Investigating Officer filed a petition under Section 173(8) Cr.P.C, after a lapse of 3 years contending that he had obtained the Certificate under Section 65-B of the Indian Evidence Act (for short "the Act") on 007.2013 from P.W.1, but had inadvertently failed to file the same along with the charge sheet. The said petition was numbered as M.P.No.1279/2013 in C.C.No.7362/2013 and after hearing either side, the learned Magistrate, by order dated 24.07.2017, dismissed the petition. Challenging the said order, the de facto complainant/P.W.1 is before this Court.