K.Bharathiraja v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4630 of 2019 and Crl.M.P.No.2739 of 2019 K.Bharathiraja ..Petitioner Vs.

1.The State Rep. by its Inspector of Police Vadapalani Police Station Chennai 600 026 (Crime No.284/2018) 2.N.V.Narayanan State Organizer Hindu Makkal Munnani ... Respondents PRAYER:Criminal Original Petition has been filed under Section 482 of Cr.P.C. to stay of all further investigation pursuant to in FIR Crime No.284/2018 on the file of the 1st respondent, pending disposal of the above Crl.O.P. and to call for the records culminated in FIR in Crime No.284 of 2018 on the file of the 1st respondent and quash the same. For Petitioner : Mr.R.Prabhakaran For Respondent-1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

The prayer sought for in the Criminal Original Petition is to quash the F.I.R. in Crime No.284 of 2018 on the file of the 1st respondent police and quash the same.

2. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the 1st respondent police registered a case in Crime No.284 https://hcservices.ecourts.gov.in/hcservices/

of 2018 for the offences u/s. 295(A) and 506(1) IPC as against the petitioner. Hence he prayed to quash the same. 3.The learned Additional Public Prosecutor appearing for the 1st respondent would submit that they have conducted a detailed enquiry and completed the investigation in Crime No.284 of 2018 and charge sheet is also made ready and sent to the Assistant Public Prosecutor for approval.

4.Heard Mr.R.Prabhakaran, learned counsel appearing for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor appearing for the 1st respondent.

5.Considering the above submissions made by the learned Additional Public Prosecutor, the prayer sought for in this petition cannot be granted at present. The 1st respondent is hereby directed to file a final report within a period of four weeks from the date of receipt of copy of this order, before the jurisdictional Magistrate. Thereafter, the petitioner is at liberty to challenge the charge sheet filed by the 1st respondent police.

6. With the above direction, this Criminal Original Petition stands disposed of.Consequently, connected miscellaneous petition is closed.

kas Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.Inspector of Police Vadapalani Police Station Chennai 600 026 (Crime No.284/2018) 2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Prabhakaran, Advocate, SR.No.23858/19 +1cc to Mr.K.Seetharam, Advocate, SR.No.23732/19 Crl.O.P.No.4630 of 2019 and Crl.M.P.No.2739 of 2019 Kak(14/05/2019) https://hcservices.ecourts.gov.in/hcservices/