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Madras High CourtCRL OP/2586/2024disposed of

T.Gagarin v. The Commissioner Of Police

2024-02-09Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.2586 of 2024 T.Gagarin

...Petitioner

Vs.

1.The Commissioner of Police, Greater Chennai Police, Chennai - 7.

2.The Inspector of Police, Team XVI, Central Crime Branch, Greater Chennai Police, Chennai.

3.S.Ranga Reddy

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and police diary in Cr.No.514/2012 on the file of the Inspector of Police, Team XVI, CCB Chennai (second respondent) and quash the same.

For Petitioner : Mr.P.M.Bakthavatsalam For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 and R2 1/4

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.514 of 2022 pending on the file of the 2nd respondent. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents 1 and 2. 3.The learned Additional Public Prosecutor, on instructions, submitted that investigation was completed and a closure report was filed as 'Mistake of Fact' on 07.09.2020.

4.In view of the same, there is no FIR pending as on date against the petitioner. Therefore, the requirement to quash the FIR does not arise. If there is a protest petition pending, that does not mean that the FIR will revive automatically. It all will depend upon the order passed in the protest petition. If the protest petition is allowed and further directions are given, at that point of time, it will be left open to the petitioner to approach this Court. On the other hand, if the protest petition is rejected, the closure report will be taken on file and there will be nothing more to quash.

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5.This criminal original petition is disposed of in the above terms. 09.02.2024 Index: Yes/No Speaking order/Non-speaking Order ssr To 1.The Commissioner of Police, Greater Chennai Police, Chennai - 7.

2.The Inspector of Police, Team XVI, Central Crime Branch, Greater Chennai Police, Chennai.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr CRL.O.P No.2586 of 2024 09.02.2024 4/4