S.Vijay v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11647 of 2019 And Crl.M.P.No. 6023 of 2019 S.Vijay ... Petitioner /Accused-1 Vs 1.

The State Rep. by Inspector of Police Avadi T7, Tank Factory Police Station, Chennai.

2.

S.Prabhu ... Respondent/Defacto complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in FIR No. 813/2018 on the file of Inspector of Police, T7, Tank Factory Police Station, Avadi and quash the same in so far as this petition is concerned.

*** For Petitioner : M/s. R.Meenakshi For 1st Respondent: Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) For 2nd Respondent : No appearance

O R D E R

The petitioner seeks to quash the final report for the offences punishable under Sections 294(b) and 307 of IPC.

2. The allegations are that the petitioner along with others had attacked the defacto complainant with wooden logs indiscriminately all over the body.

3. The learned counsel for the petitioner would submit that though the occurrence took place in the year 2018, the first respondent has not filed final report even now. In fact, there is an earlier direction by this Court in Crl.O.P.No. 11488 of 2019 filed by one of the accused wherein this Court had directed the first respondent to file a final report within a period of three months from 27.04.2019.

4.

The learned Government Advocate (Crl. Side) apparing for the first respondent on instructions would submit that the final report is ready and will be filed within a period of two weeks from today.

5.

The other points raised by the petitioner are factual in nature and it cannot be adjudicated in the quash petition. Hence, this Court is not inclined to entertain the quash petition. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

6.

Since the grievance of the petitioner is that the case is pending for a long time, it would suffice if the respondent is directed to file final report within a period of two weeks from the date of receipt of a copy of this order.

20.03.2023 vsg Index: Yes/No Speaking Order / Non-Speaking Order To 1.

The Inspector of Police Avadi T7, Tank Factory Police Station, Chennai.

2.

The Public Prosecutor,

High Court, Madras.

SUNDER MOHAN. J, vsg Crl.O.P.No.11647 of 2019 And Crl.M.P.No. 6023 of 2019 20.03.2023