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Madras High CourtCRL OP/8045/2024disposed of

K.Prakash v. The State Represented By

2024-04-02Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.No.5861 of 2024 K.Prakash ... Petitioner Vs.

1.State Represented by The Sub Inspector of Police, T-6, Peerkankaranai Police Station, Tambaram District.

2.Mrs.Stella Mary ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining to Crime No.124 of 2023 on the file of the 1st respondent and quash the same as illegal, in competent and abuse of process by allowing the present Criminal Original Petition.

For Petitioner : Ms.S.Thankira For R1 : Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed to quash the F.I.R., in Crime No.124 of 2023 been registered for the offence under Sections 279 & 337 of IPC in view of the accident occurred in the construction site causing injury on 25.02.2023 to one Stanley Jebaraj. 2.

The learned counsel appearing for the petitioner submitted that the petitioner is an Engineer, he has nothing to do with the alleged accident and therefore, case against him has to be quashed. 3.

However, reading of the FIR indicates that the petitioner was present at that time and he was instructing the driver who has caused the accident. In any event, it is a matter for investigation and only on completion of investigation whether the involvement of the petitioner is there in the alleged negligence and accident will come to light. 4.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that the investigation is completed and final report will be filed within 30 days.

5.

Recording the above submission, this Criminal Original 2/4

Petition is disposed of with liberty to the petitioner herein to challenge the final report, if there is no prima facie material against him to charge. Consequently, the connected Criminal Miscellaneous Petition is closed. 02.04.2024 Index : Yes/No rpl To 1.The Sub Inspector of Police, T-6, Peerkankaranai Police Station, Tambaram District.

2.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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