Elumalai v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.02.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4057 of 2024 and Crl.M.P Nos.3015 & 3016 of 2024 1.Elumalai 2.Sathishkumar 3.Ashokumar 4.Anandhan 5.Elumalai .. Petitioners/ Accused vs.
1.State rep.by The Inspector of Police Santhavasal Police Station Polur Taluk Tiruvannamalai District.
..Respondent/Complainant 2.Pazhani ..Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertains to C.C.No.50 of 2023, pending on the file of the learned Judicial Magisterial, Polur and to quash the same as illegal. For Petitioners : Mr.R.Ramesh For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1
ORDER
When the matter came up for hearing on 22.2.2024, this Court passed the following order:
The learned counsel for the petitioner submitted that based on the complaint given by the petitioners against the defacto complainant, an FIR came to be registered in Crime No.2670 of 2020 on 23.09.2020 for offence under Sections 147, 148, 427, 294(b), 323, 324 and 506(ii) of IPC. The learned counsel submitted that this FIR was not investigated and whereas, the FIR that was registered based on the complaint given by the defacto complainant alone was investigated and a final report has been filed.
2.The learned Government Advocate shall take instructions in this regard.
3.Post this case under the same caption on 27.02.2024. 2.When the matter was taken up for hearing today, the learned Government Advocate (Crl.Side) on instructions submitted that the counter case was also investigated and the same resulted in filing a final report before the same Court which was taken on file in C.C.No.117 of 2023. 3.In view of the above submission since there is a case and counter pending before the same Court, there is no question of quashing the proceedings in C.C.No.50 of 2023. Under such circumstances, the case has to be proceeded further in line with the judgment of the Apex Court in Nathi Lal and others vs. State of
Uttarpradesh and another reported in 1990 (Supp) SCC 145. Hence, there is no question of entertaining this criminal original petition. 4.This criminal original petition is accordingly, dismissed. Consequently, connected miscellaneous petitions are closed. 27.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.The Inspector of Police Santhavasal Police Station Polur Taluk Tiruvannamalai District.
2.Judicial Magisterial, Polur.
3. The Public Prosecutor, High Court of Madras, Madras.
N. ANAND VENKATESH, . J.
kp Crl.O.P No.4057 of 2024 27.02.2024