P.Vivekanandhan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.11.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl.M.P.No.3184 of 2023 1.P.Vivekanandhan 2.P.Tamil Selvan ... Petitioners -vs1. State, Rep. by The Inspector of Police, Virugambakkam Police Station, Chennai.

(Crime No.734 of 2022).

2.Ramesh Babu

...Respondents

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the impugne Crime No.734 of 2022, pending investigation on the file of respondent police and quash the same.

For Petitioners : Mr.K.Thilageswaran For 1st Respondent: Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) For 2nd Respondent : Mr.D.Ashok Kumar Page No.1/5

ORDER

The petitioners, who are not named in the FIR.No.734 of 2022, on the file of the Inspector of Police, Virugambakkam Police Station, are before this Court seeking to quash the said complaint.

2. The learned Government Advocate (Crl.Side) submitted that in the course of investigation, they have found that the 1st petitioner is not involved in the crime. However, the 2nd petitioner's role is established to the material collected. Further, the learned Government Advocate submits that as a result of the investigation, final report filed before the learned 23rd Metropolitan Magistrate, Saidapet, Chennai, after dropping action against the 1st petitioner and the said final report is under consideration in F.R.No.19427 of 2023 dated 15.09.2023.

3. In view of the above facts, this Criminal Original Petition is disposed of and giving liberty to the 2nd petitioner herein to canvass the points raised in the FIR quash petition before the trial Court, at the appropriate stage. Consequently, connected miscellaneous petition is closed. Page No.2/5

23.11.2023 Index : Yes/No ssn To

1. The Inspector of Police, Virugambakkam Police Station, Chennai.

2. The Public Prosecutor, Madras High Court, Madras.

Page No.3/5

Dr.G.JAYACHANDRAN, J., ssn and Crl.M.P.No.3184 of 2023 Page No.4/5

23.11.2023 Page No.5/5