Madras HC flays police over shoddy investigation procedure, summons Home Secretary in person

CHENNAI: Poor litigants in Tamil Nadu are struggling to get justice because the police are not following the basic procedures, and not even filing FIR and final report within stipulated time, criticised the Madras High Court.

“This court does not know whether the Home Secretary is aware of the illegal practice prevailing in the Police Department, which are causing much inconvenience to the poor litigants,” said Justice P Velmurugan.

Noting that there were a large number of petitions filed before the High Court seeking directions to file the final report, the judge directed the Home Secretary to appear in person on Friday for further submission.

While hearing one such petition seeking a direction to file the final report in a case, Justice Velmurugan pointed out, “It is well settled proposition of law that after completion of the investigation, the police have to file final report before the magistrate concerned within stipulated time. However, in so many cases in Tamil Nadu, the police are not following the procedure.”

The litigants who have the means approach the High Court in search of remedy, whereas the poor litigants, who are unable to approach the court due to poor financial situation, are struggling to get justice, he added.

The State police officials are functioning arbitrarily instead of serving the public. Even after several directions from the court, they are not following the procedure on filing the final report, the judge said.

In the present case, the petitioner P Sundar moved the High Court alleging that the Virugambakkam police were not filing the final report in a criminal case though the complaint was registered 10 years ago in 2015.

According to him, he has a land dispute with the alleged accused and has been facing threats from criminals instigated by the accused.

Sundar bought a piece of land from the alleged accused Meenakshi Manickam. The rate was initially fixed as Rs 25 lakh and he paid Rs 12.5 lakh as the first tranche. Later, Meenakshi demanded Rs 60 lakh and refused to transfer the title of the land, said the petitioner.

Hence, he approached the civil court in 2013 and got immunity to use the land and also obtained an interim injunction to Meenakshi not to disturb him, Sundar said.

However, in 2015, a group of miscreants entered into the godown constructed on the disputed land, and damaged all the articles stored there and also threatened him, said the petitioner.

He lodged a complaint in Virugambakkam police station in this regard. With the police failing to file the final report till now, he was getting continuous threats from the rowdy elements, forcing him to approach the High Court for relief.

The government advocate submitted that the police did not file the final report before the magistrate and closed the complaint in 2015 itself.