The Bench of Justice D.V.S.S Somayajulu of Andhra Pradesh High Court recently reiterated that the Final/Closure Report should be filed before the Jurisdictional Magistrate and before the Executive Magistrate
In the present petition the petitioner registered a complaint u.s 174 CrPC and after the death of the petitioner’s husband the offense alleged was altered to Section 304A of IPC.
The counsel for the petitioner argued that the investigation did not progress and surprisingly the section for the offense was reverted back to Section 174 CrPC from 304A IPC.
Then in February 2022, respondent no.5 issued notice to the petitioner stating that the case was undetectable and the petitioner can present injections (if any) to Mandal Executive Magistrate.
Referring to Madras High Court’s decision in Manohari vs Dist. Superintendent of Police the petitioner’s counsel Adv K R Sriniwas argued that wherein it was ruled closure report should be filed before the Jurisdictional Magistrate and not before the Executive Magistrate
Besides, the State counsel submitted that the police ruled that the case is not a homicide and therefore it was decided that the case is undetectable after getting permission from senior officers the Final Report was filed before the Mandal Executive Magistrate.
The High Court of Andhra Pradesh, After hearing the contentions from both parties, stated that the law is clear that the closure/final report has to be filed before the Jurisdictional Magistrate and before the Executive Magistrate.
Accordingly, the Jurisdictional Magistrate has the power to go into issues raised and decide the matter.
Therefore, the court ruled that the Final/Closure report should be filed before the VII Additional Junior First Class Magistrate, Rajamahendravaram who will notice the petitioner and consider her objections.
The High Court of Andhra Pradesh further directed the respondents that the entire action should be completed within two months.
