Muthuraj v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM

THE HON'BLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1679 of 2023 AND Crl.M.P.Nos.914 & 916 of 2023 Muthuraj .. Petitioner Vs.

1.The state rep. by The Inspector of Police Bagalur Police Station Krishnagiri District (Cr.No.177 of 2011) 2.Nagaraj Head Constable Athipalli Police Station, Karnataka .. Respondents (R2-de facto complainant impleaded vide order dated 31.01.2023) Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.231 of 2022 on the file of the Judicial Magistrate Court No.I, Hosur, Krishnagiri District and quash the same. For Petitioner : Mr.A.Ramesh For 1st Respondent : Mr.K.M.D.Muhilan Government Advocate (Crl. Side)

ORDER

1/4

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.231 of 2022 on the file of the Judicial Magistrate Court No.I, Hosur, Krishnagiri District.

2. It is seen that after the registration of FIR in crime No.177 of 2011 on the file of the 2nd respondent police, it has been transferred to the file of the 1st respondent police and hence, there is a delay. After the transfer of FIR, investigation has been completed and a final report has been filed, which has been taken cognizance in C.C.No.231 of 2022 by the learned Judicial Magistrate No.I, Hosur, Krishnagiri District and it is pending for trial.

3. The learned counsel for the petitioner submitted that there was a huge delay to complete the investigation and file a final report, for which, there is no explanation from the 1st respondent. That apart, the petitioner is a handicapped person and a false case has been put up against the petitioner. On perusal of the records revealed that the petitioner had stolen 25 nos. of charged batteries from the lorries, which were taken and sold out by the 2nd accused and shared the sale proceeds. Therefore, this was happened within the jurisdiction of the 1st respondent. However, initially, the FIR has been registered by the 2/4

2nd respondent and thereafter, it was transferred to the file of the 1st respondent. Therefore, this Court finds no infirmity or illegality in the final report filed by the 1st respondent and therefore, there is no ground to quash the FIR. In the result, this Criminal Original Petition is dismissed. Connected Crl.M.P.s are closed.

19.02.2025 gya Index : Yes/No NC : Yes/No To 1.Judicial Magistrate Court No.I Hosur, Krishnagiri District 2.The Inspector of Police Bagalur Police Station Krishnagiri District 3.The Public Prosecutor High Court, Madras 3/4

G.K.ILANTHIRAIYAN, J.

gya Crl.O.P.No.1679 of 2023 19.02.2025 4/4