M.Natesan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.OP.No.2814 of 2021 M.Natesan

...Petitioner

.Vs.

1.State represented by The Inspector of Police, Karaikal District, Puducherry.

2.J.Fathimamary .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records and quash the FIR in Crime No.40/2007, pending on the file of Station House Officer, Neravy Police Station, Karaikal. For Petitioner : Mr.K.Sasindran For Respondents : Mr.V.Balamurugane Additional Public Prosecutor Puducherry for R 1

ORDER

This criminal original petition has been seeking to quash the FIR in Crime No.40 of 2007, pending on the file of the 1st respondent.

2.When the matter was came up for hearing on 19.02.2021, this Court passed the following order: "The learned Additional Public Prosecutor on instructions submitted that the investigation was completed and a final report was filed before the Judicial Magistrate No.II, Karaikal on 22.04.2013. The learned counsel further submitted that the learned Judicial Magistrate had also summoned the victim girl and recorded her statement. Thereafter

there has been absolutely no progress and the Final Report has not been taken cognizance.

2.The learned Judicial Magistrate No.II, Karaikal, is directed to submit a Report before this Court on the status of the Final Report filed in Crime No.40 of 2007. The Report shall reach this Court on or before 01.03.2021.

3.Post this case under the caption 'for orders' on 03.03.2021.

3.A report has been received from the Additional District Munsif cum Judicial Magistrate II, Karaikkal. It is seen from the said report that a final report was filed by the respondent police only as against A-1 and the names of A-2 to A4 was deleted from the final report. It is stated that it was objected by the de facto complainant and therefore the case is now at the stage of appearance of the de facto complainant and to consider her objections before taking a decision on taking cognizance of the final report filed by the respondent police. 4.The 1st respondent has also filed a counter and at para 4 of the counter, it has been clearly stated that the names of A 2 to A 4 has been deleted in the final report. The petitioner was originally arrayed as A 2 in the FIR and his name has been deleted.

5.In view of the above, no further orders are required to be passed in this petition and the same is disposed of accordingly.

Sd/- Asst.Registrar (CS VII) /true copy/ Sub Asst. Registrar KP To 1.The Additional District Munsif cum Judicial Magistrate II Karaikkal 2.The Inspector of Police, Karaikal District, Puducherry.

3.Station House Officer, Karaikal.

4.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.K.Sasindran Advocate sr13668 Crl.OP.No.2814 of 2021 sky(co) aa19/03/2021