Magistrates asked to take on file 1.72L cases

Close on the heels of Director General of Police (DGP) issuing show cause notices to 7,324 investigating officers for non-filing of charge sheets in 2.14 lakh FIRs, the Madras High Court has directed the District judges and Judicial magistrates of the respective districts in the State to direct the trial magistrates to identify the 1.72 lakh cases, which have not been taken on file despite filing of charge sheet.

Based on high court directions, the DGP had sent a memorandum to all the commissioners of police in all cities and all the Superintendents of police in districts to fix responsibility and take appropriate action against the officers who had erred in this regard.

Accordingly, show cause notices was issued to 7,324 investigating officers, who had failed to file the final reports within the time limit which resulted in closure of 2.14 lakh FIRs by trial courts. 

However, Justice Muralidharan while appreciating the DGP for taking timely action against the erring officers, said “This court also places on record the affidavit filed by the DGP to the effect that there are 1.72 Lakh cases pending from 2010 to 2018 before the trial courts in Tamil Nadu and the same is not taken on filed by the trial magistrates.” Observing that this aspect shocks the conscience of the court, the judge said “No accused should go unpunished. This court is unable to presume as to how many accused are left scott-free because of such failure in taking charge sheets on file.”

Noting that this is a matter of grave concern, the judge directed the district judges and Chief Judicial Magistrates to issue suitable directions to the trial magistrates to proceed with the cases by taking the same on file and trial commenced immediately without any further delay.

Justice Muralidharan in his order also emphasised that the police officials particularly the Station house officers should ensure that in future no accused should be allowed to go scott-free because of non-filing of charge sheet within the statutory period, except with just exceptions as contemplated under law.

But regards the officers who have served with show cause notice, the judge in his order held, “rather than proceeding against them departmentally at this belated stage, as the past should remain a warning for them to be perfect in future. Such warning should indicate categorically that the Officers shall never repeat such act in future.

“This Court is taking such view only because the Officers will be in different stations and positions now and any serious order passed would haunt them,” justice Muralidharan added.