Madras High CourtCRL OP/9611/2022disposed of

P.Subramani v. State Rep By

2023-10-18Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN & Crl.M.P.No.5644 of 2022 P.Subramani ... Petitioner Vs.

1. The State rep. by The Inspector of Police, Madipakkam Police Station, Chennai.

(Cr.No.50 of 2020)

2. Shanmugasundaram ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records in connection with Crime No.50 of 2020 pending on the file of the Madipakkam Police Station, St.Thomas Mount District i.e., first respondent and quash the same as against the petitioner/accused.

For Petitioner : Ms.P.Kritika Kamal For R1 : Mr.A.Gokulakrishnan, Additional Public Prosecutor For R2 : Mr.T.Easwara Das

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No. 50 of 2020, 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 petitioner to challenge the final report in the manner known to law. Consequently, the connected Miscellaneous Petition is closed.

18.10.2023 skr Index : Yes / No Speaking order / Non-speaking order To

1. The Inspector of Police, Madipakkam Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

G. JAYACHANDRAN, J.

skr Crl.O.P.No.9611 of 2022 and Crl.M.P.No.5644 of 2022 18.10.2023