Wednesday, 6 February 2019

More than 7,300 Tamil Nadu cops face action over closure of FIRs

Chennai, Feb 6 The Madras High Court was informed that the Tamil Nadu Police has started disciplinary proceedings against at least 7,324 officers for neglecting to record last reports inside the statutory time limit which resulted in closure of over 2.14 lakh FIRs by trial courts.

Filing a counter-affirmation on the interim order passed by Justice M V Muralidharan, the Director General of Police's office magistrate courts were not maintaining registers to empower police to think about cases which were "not taken on file".

There were 1,72,602 such cases between 2010 and 2018, as per the counter sworn statement, which also asserted that the lower legal executive shut FIRs for not recording of charge sheets by police.

It was also brought to the knowledge of the judge that in total between 2009 and 2014, 2,14,901 FIRs had been closed by magistrate courts.

The Director General of Police (DGP) office also presented that disciplinary action is being started to issue show cause notification to 7,324 researching officers who had neglected to document the last reports inside the stipulated time which resulted in closure of FIRs by trial courts.

The issue began during hearing of a civil appeal moved by Tirupur-based Safire Print Lab Knits and Woven Fabric against the Commissioner of Employees conceding Rs 3.94 lakh remuneration to a representative of the firm who died in an accident while at work.

When the appeal came up on December 6, Justice Muralidaran had directed the Uthukului police and the hospital management to file a report to ascertain the status of the case.

The police had documented a report alongside a correspondence, dated June 8, 2016, issued by the Avinasi judicial magistrate.

The correspondence expressed that the FIR was shut for non-documenting of charge-sheet inside the endorsed time.

When the court perused the communication, it became visible that the magistrate had shut 87 such FIRs enrolled amid 2006 to 2014 on similar grounds which made the judge, Muralidaran, to call for such records.

Taking genuine note of the issue, the judge guided the court library to submit subtleties with respect to conclusion of such FIRs all through the Tamil Nadu.

When it was brought to the knowledge of Muralidaran that 2,14,901 FIRs had been shut by magistrate courts over the state for non-filing of charge sheet by police inside the statutory time limit, that too for a long time - 2009 and 2014, the judge sought for an explanation from the state home secretary and the DGP.

The court was also educated that a round, dated January 30, was issued to all station house officers and investigating officers to file final reports in cases within the time prescribed by the law.

The circular directed officers to list out cases which were not taken on file wherein final reports were filed within the prescribed time to avoid closure under Section 468 of CrPc.

The judge after recording the submission reserved orders.

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