HC directs DGP to issue instructions to file chargesheet within stipulated period

Chennai: The Madras high court has directed the DGPs of Tamil Nadu and Puducherry to instruct all their CoPs of cities and IGs of districts to issue appropriate direction to the investigating officers of each and every case to investigate and file final reports within the time limit prescribed under section 468 of Cr.P.C (Bar to taking cognizance after lapse of the period of limitation).

Justice M.V.Muralidaran also directed all judicial magistrates in the state of Tamil Nadu and Puducherry that before orders are passed under section 468 of Cr.P.C., they must call the investigating officer and issue directions to file chargesheet immediately before the lapse of the statutory time period and if they fail even thereafter, the magistrates should inform about the inaction on the part of the investigating officers in writing to their superior in the police department and thereafter pass orders under section 468 of Cr.P.C.

All the district judges and chief judicial magistrates in the state of Tamil Nadu and Puducherry are directed to issue suitable directions to the magistrates to
maintain registers for making entries in respect of receipt of charge sheet from the investigating officers by mentioning date of filing with time and also the date of taking on file of the case, the judge added.

The judge said all the magistrates were further directed that while passing orders under section 468 of Cr.P.C, they must apply their judicial mind independently and thereafter pass orders.

All the magistrates were directed to report the orders passed under section 468 of Cr.P.C. periodically, once in three months giving full particulars to the district judges and the chief judicial magistrates in the State of Tamil Nadu and Puducherry, the judge added.

The judge gave the above directives while dismissing an appeal filed by Safire Print Lab Knits and Woven Fabric, Tirupur against the order of the Commissioner for Employee's Compensation/Deputy Commissioner of Labour, Coonoor, awarding a compensation of Rs 3.94 lakh to the legal heirs of the deceased K.Sasikumar.

The judge directed the Registrar General, High Court, Madras, to circulate a copy of his order to all the district judges and chief judicial magistrates in the state of Tamil Nadu and Puducherry, to ensure that all the magistrates adhere to the directions issued above in true letter and spirit.

“This court appreciates the Director General of Police, Tamil Nadu, for taking immediate effective steps by issuing circular dated January 30, 2019. The DGP is hereby directed to ensure that the same should be followed with care and caution by subordinate police officers in the state. This court records its appreciation for state public prosecutor A.Natarajan and Additional advocate
general P.H.Arvindh Pandian for extending their fullest co-operation and assisting this court to pass appropriate orders to enlighten and make aware the essentiality of the section 468 of Cr.P.C by the Magistrates and Police Personnel in the State of Tamil Nadu and Union Territory of Puducherry”, the judge added.

The judge said the registrar general and the DGP, Tamil Nadu and Puducherry were directed to get the compliance reports from the subordinate officials and report before this court on June 10, 2019.