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Madras High CourtCRL OP/2888/2023disposed of

Palanisamy v. The Inspector Of Police,

2023-10-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.1698 of 2023 Palanisamy ... Petitioner Vs.

1.The Inspector of Police, Perambalur Police Station, Perambalur District.

(Crime No.739 of 2019) 2.Kalaivani ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records of the Crime No.739 of 2019 on the file of the 1st respondent police pending investigation and quash the same. For Petitioner : Mr.G.Mohanakrishnan For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor for R1 Mr.K.Jothisivan for R2 1 / 4

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.739 of 2019, pending on the file of the respondent police. 2.From the records, it appears that when the matter came up for admission on 10.02.2023, this Court has ordered notice to the second respondent/defacto complainant and also directed the respondent police to continue with the investigation but defer the filing of the final report. From the perusal of the records, this Court finds that it is the complaint for offences under Sections 255, 256, 258, 406, 420, 467, 468, 294(b), 323 and 506(i) of IPC. Reading of the complaint attributes overt act against the petitioner and only after completion of investigation, whether he has been falsely implicated or not will come to light. Therefore, the Criminal Original Petition is disposed of with liberty to the petitioner to challenge the final report if necessary after filing the final report. Consequently, connected miscellaneous petition is closed.

18.10.2023 Index : Yes/No ssr 2 / 4

To 1.The Inspector of Police, Perambalur Police Station, Perambalur District.

2. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

3 / 4

Dr.G.JAYACHANDRAN,J.

ssr and Crl.M.P.No.1698 of 2023 18.10.2023 4 / 4