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As per case facts, deceased P.K.Muthukumar, an advocate, was murdered on 22.02.2023, allegedly provoked by his intervention in bail applications for accused in his brother's earlier murder case. An FIR
...was registered under IPC and SC/ST (POA) Act. The investigating officer filed the final report on 24.05.2023. The appellants challenged the dismissal of their discharge petitions, arguing that the final report was filed beyond the statutory 60-day period without a written explanation, violating SC/ST Rules 7(2) and 7(2-A), which they claimed invalidated the court's cognizance. The question arose whether the final report, filed beyond the 60-day period without a written explanation, vitiates and renders the cognizance taken by the Special Court invalid, making the discharge plea legally sustainable. Finally, the High Court held that mere delay in filing the final report is not a ground to quash proceedings or discharge the accused, as the time limit primarily relates to statutory bail and does not automatically invalidate the report. Considering the gravity and complexity of the murder case, the investigation naturally took longer. The word "shall" in Rules 7(2) and 7(2-A) was interpreted as directory, not mandatory. The Court dismissed the appeals, directing the trial court to complete the trial expeditiously within two months.
Bench
Applied Acts & Sections
Section 3
–The Scheduled Castes And The Scheduled Tribes(Prevention Of Atrocities) Act, 1989
Section 14
–The Scheduled Castes And The Scheduled Tribes(Prevention Of Atrocities) Act, 1989
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