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Madras High Court · body

2014 DIGILAW 3328 (MAD)

K. Pitchandi v. Inspector of Police, Arcot

2014-09-15

C.T.SELVAM

body2014
Judgment 1. This Revision challenges the acceptance of the final report in Crime No.994 of 2013 on the file of the first respondent under order dated 15.07.2014. The order under challenge reads thus:- “TAMIL” 2. Learned counsel for petitioner would submit that the order reflects the position that the Magistrate has accepted the final report merely because no objection was raised thereto by the defacto complainant, a view not open to the Magistrate in accepting the final report. In the absence of a protest petition, the Magistrate has to apply his mind to the facts of the case as borne out by records before him and thereafter arrive at a conclusion. 3. Heard learned Government Advocate (Crl.side) on the above submissions. 4. This Court finds itself in agreement with such submission. The order under challenge is to be set aside owing to non application of mind. This Criminal Revision is allowed. The order of learned Judicial Magistrate, Arcot, passed in R.C.S.No.1 of 2014 on 15.07.2014, is set aside. This Court leaves it open to the petitioner to now move a protest petition within one month from the date of receipt of a copy of this order. It will be open to concerned parties to raise all contentions before the Court below and the Court below shall pass a reasoned order solely upon merits of the case. A matter of grave concern is also informed by learned counsel for petitioner. He submits that in dealing with the referred charge-sheets a pre-prepared printed format of order is utilised by Magistrates. If such is the practice, there shall be a direction that the Court below shall discontinue the same forthwith.