Why 87 FIRs were closed: Madras HC

Chennai: Appalled over the closure of 87 FIRs due to non-filing of chargesheet from the year 2006 to 2014 in Tirupur district, the Madras high court has called for an explanation from the then judicial magistrate, Avinasi, for closing all the 87 FIRs and directed the Superintendent of Police, Tirupur and Inspector of Police, Uthukuli police station to appear before the court on January 4, 2019, and file a comprehensive report as to why investigation had not been done and who was responsible for non-filing of the charge sheet within the limitation period.

Justice M.V.Muralidaran gave the directive while passing interim orders on a civil miscellaneous 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 ' 3.94 lakh to the legal heirs of the deceased K. Sasikumar.

It was the stand of the legal heirs of the deceased that, during the course of employment of the deceased with the appellant company, he sustained injuries and he was taken to TMF Hospital, Tirupur, where it was alleged that wrong treatment was given to the deceased. A complaint was lodged by the brother of the deceased against the said hospital and FIR was registered on February 17, 2010. During the pendency of the criminal case, they filed a claim petition before the Commissioner of Labour, who awarded the compensation.

When the appeal came up for hearing on December 6, to ascertain the status of the criminal case, the judge directed the Inspector of Police, Uthukuli police station to file a report along with relevant documents.

Accordingly, when the case came up for hearing on Tuesday, Additional public prosecutor produced a letter dated June 8, 2016 of the Judicial Magistrate, Avinasi, addressed to the Inspector of Police, Uthukuli police station, informing him about closure of FIR for non-filing of charge sheet.

After perusing the letter, the judge said on a perusal of the closure report of the JM, this court finds that the FIRs closed pertain to the year 2006 to 2014. No reasoning was given in the said letter about the closure of FIRs by the JM, Avinasi.

Since the case involved in this matter was serious in nature, this court, directed the Public Prosecutor A. Natarajan, Additional advocate general Arvindh Pandian and the Registrar (Judicial) to be present. Accordingly, they appeared immediately. AAG was requested to inform the SP, Tirupur, to take suitable action against the police officers concerned for non-filing of the charge sheet in time and it was hereby directed that Independent reports in all the 87 cases may be filed as to why investigation had not been done and who was responsible for non-filing of the charge sheet within the limitation period, the judge added.

The judge said, “There is no iota of information in the letter addressed by the Judicial Magistrate to the police authorities as why all the 87 cases have been closed at a stroke of a pen. If 87 cases are closed due to non-filing of the charge sheet within the statutory period, it only goes to show the failure on the part of the police authorities in taking immediate action against the erring persons. This is certainly an act which needs probe. The then Judicial Magistrate, Avinasi, G.Bharathi Prabha, who is presently working as Judicial Magistrate, Gobichettipalayam, is directed to submit her explanation