Anwar Khan v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.8960 of 2023 and Crl.M.P.No.5741 of 2023 1.Mr.Anwar Khan 2.Mrs.Sairun Nisha 3.Mr.A.Abdul Rahim ... Petitioners Vs.

1.State Rep. by its:

The Sub Inspector of Police, P-5, MKB Police Station, Pulianthope, Chennai - 600 021.

Crime No.379 of 2022 2.Mrs.Nagoor Ammal ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.379 of 2022 on the file of the 1st respondent / complainant and to quash the same. 1 / 4

For Petitioners : Mr.G.Krishnamurthy For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor for R1

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.379 of 2022 , pending on the file of the 1st respondent. 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 materials 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. vs. State of Maharashtra and others reported in AIR 2021 SCC 1918; AIR Online 2021 SC 192.

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3.In view of the above, the respondent police is directed to file the final report within a period of sixty 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 petitioner to challenge the final report in the manner known to law. Consequently, connected miscellaneous petition is closed.

18.10.2023 Index : Yes/No ssr To 1.The Sub Inspector of Police, P-5, MKB Police Station, Pulianthope, Chennai - 600 021.

2. The Public Prosecutor, High Court of Madras, Chennai - 600 104.

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Dr.G.JAYACHANDRAN,J.

ssr Crl.O.P.No.8960 of 2023 and Crl.M.P.No.5741 of 2023 18.10.2023 4 / 4