P.Subramani v. The State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN & Crl.M.P.No.5486 of 2022

1. P.Subramani

2. S.Muthulakshmi

3. P.Karuppathal ... Petitioners Vs.

1. The State rep. by The Sub-Inspector of Police, Vellakovil Police Station, Vellakovil, Kangeyam Taluk, Thiruppur District.

(Cr.No.1143 of 2021)

2. G.Sakthivel ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the F.I.R dated 31.12.2021 in Crime No.1143 of 2021 on the file of the first respondent/ de-jure complainant and quash the same.

For Petitioner : Mr.K.S.Karthik Raja For R1 : Mr.A.Gokulakrishnan, Additional Public Prosecutor For R2 : Ms.P.Veeramalai

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No. 1143 of 2021, pending on the file of the respondent police.

2. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the investigation is completed and final report is likely to be filed soon. From the investigation, there are material available to proceed with the prosecution. The reason stated to quash the First Information Report is not covered under the parameters of the Hon'ble Supreme Court judgment in M/s.Neeharika Infrastructure Pvt. Ltd. -vsState of Maharashtra and others reported in AIR 2021 SCC 1918; AIR Online 2021 SC 192.

3. In view of the above, the respondent police is directed to file the final report within a period of 75 days from the date of receipt of a copy of this order.

4. Accordingly, this Criminal Original Petition is disposed of. If aggrieved by the final report to be filed, liberty is given to the petitioners to challenge the final report in the manner known to law. Consequently, the connected Miscellaneous Petition is closed.

18.10.2023 Index : Yes / No skr To

1. The Sub-Inspector of Police, Vellakovil Police Station, Vellakovil, Kangeyam Taluk, Thiruppur District.

2. The Public Prosecutor, High Court of Madras.

G. JAYACHANDRAN, J.

skr 18.10.2023