V.Dhanasekaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7870 of 2019 V.Dhanasekaran

...Petitioner

-Vs1. State, rep. by The Inspector of Police, C.S.C.I.D., Chennai - 52, [Crime No.491 of 2009].

2.The Deputy Registrar (PDS), Triplicane-2, TUCS LTD, Chennai-600 005.

... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the First Information Report pending investigation in Crime No.491 of 2009 on the file of the Inspector of Police, C.S.C.I.D., Chennai - 600 052, as an abuse of process of law. For Petitioner : Ms.S.Padma For Respondents :Mr.Mohammed Riyaz Additional Public Prosecutor O R D E R This Criminal Original Petition has been filed to quash the First Information Report pending investigation in Crime No.491 of 2009 on the file of the Inspector of Police, C.S.C.I.D., Chennai - 600 052, as an abuse of process of law.

2. It is submitted by the learned counsel for the petitioner that the certain departmental action was taken against the coaccused. Ultimately, the department had justified to reinstate the co-accused and he is now peacefully employed.

3. Further, it is also seen that the FIR in *Crime No.491 of 2009 was pending from the year 2009 and the delay of ten years cannot be considered at any point of time and it is nothing but clear abuse of process of law.

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4.Considering the above facts and circumstances of the case, the case is pending since 2009, no purpose will be served in keeping the FIR pending and to meet the ends of justice, this Court is inclined to quash the F.I.R. in *crime No.491 of 2009. Accordingly, this Criminal Original Petition is allowed. Sd/- Assistant Registrar Dated: 08.05.2019 *Corrected as per order of this High Court dated 03.07.2019 sd/- Assistant Registrar(CCC) Dated: 12.07.2019.

//True Copy// Sub Assistant Registrar To

1. State, rep. By To be substituted to the The Inspector of Police, order already despatched C.S.C.I.D., Chennai - 52, on 03.07.2019 [Crime No.491 of 2009].

2.The Deputy Registrar (PDS), Triplicane-2, TUCS LTD, Chennai-600 005.

3.The Public Prosecutor, High Court, Madras.

+1cc to Ms.S.Padma, Advocate Sr.27898 Crl.O.P.No.7870 of 2019 LN[CO] SRG 22/05/2019 SP(16/07/2019) https://hcservices.ecourts.gov.in/hcservices/