Muthukumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.1970 of 2024 and CRL.M.P No.1429 of 2024 Muthukumar

...Petitioner

Vs.

1.The Inspector of Police, F2 Egmore Police Station, Chennai.

2.V.S.Balaji

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.442 of 2022 on the file of the 1st respondent and quash the FIR.

For Petitioner : Mr.G.Mohana Krishnan For Respondent : Mr.A.Gopinath Government Advocate for R1

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.442 of 2022 pending on the file of the 1st respondent. 1/4

2.When the matter was taken up for hearing, the learned Government Advocate on instructions submitted that the investigation has been completed and final report was filed before the XIV Metropolitan Magistrate, Egmore on 27.11.2023 in SR.No.75168 of 2023. The learned Government Advocate further submitted that Court below is yet to take cognizance of the final report. 3.In the light of the above submission, the relief as sought for by the petitioner cannot be granted. There shall be a direction to the learned XIV Metropolitan Magistrate, Egmore to act up on the final report filed in Crime No.442 of 2024, within a period of four weeks from the date of receipt of copy of this order.

If ultimately, the Court below takes cognizance and issues summons to the petitioner and the petitioner is aggrieved by the final report, it is left open to the petitioner to workout his remedy in the manner known to law. 4.This criminal original petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. 05.02.

ssr To 1.The Inspector of Police, F2 Egmore Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

3/4

N.ANAND VENKATESH, J ssr CRL.O.P No.1970 of 2024 and CRL.M.P No.1429 of 2024 05.02.2024 4/4